Client Alert

California Supreme Court Upholds CALFEDs Bay-Delta Program EIS/EIR

June 12, 2008

Robert McMurry, A. Catherine Norian and Alison Pappas

On June 5, 2008, the California Supreme Court issued an opinion upholding CALFED's Bay-Delta Program EIS/EIR against challenges under CEQA. (See In re Bay-Delta Programmatic Environmental Impact Report Coordinated Proceedings, 2008 Cal. LEXIS 6737.) Most significant to developments relying on State Water Project water supplies, the California Supreme Court reversed the Court of Appeal's determination that the program EIS/EIR should have analyzed an alternative for reduced water exports from the Sacramento Bay-Delta (Bay-Delta). At a time when the courts have issued decisions forcing reduced pumping from the Bay-Delta, this stands as a positive decision that will allow CALFED to continue its development of programs to improve the reliability of those water supplies.

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