
In the latest battle in the struggle to stop Governor Jerry Brown’s Delta Tunnels project, project opponents today filed motions to stay the hearing for the project, based on what they alleged were unlawful ex parte communications between water board staff and Department of Water Resources personnel that would taint the hearing.
San Joaquin County, Sacramento County, City of Stockton, City of Antioch, and Local Agencies of the North Delta jointly prepared and filed one motion today asking the State Water Resources Control Board to stay the evidentiary hearing on the controversial project at least 90 days. The hearings were scheduled to resume on Thursday, January 18.
Osha Meserve, one of the attorneys for the protestants, explained, "We’re asking the water board to look at the scope of the ex parte communications and the implications of those communications for the water rights hearing. We don’t think part 2 of the hearing should proceed until this critical investigation has been completed, since the entire hearing may have been compromised."
According to a joint statement from the protestants, "The stay request is based on recent revelations of unlawful ex parte communications between members of the State Board’s WaterFix Hearing Team, on the one hand, and DWR personnel promoting the twin tunnels in the WaterFix Hearing, on the other."
The project opponents said the ex parte communications in this context are communications between members of the Hearing Team and advocates for one side, without the knowledge of the other side, the project opponents.
"An analogy would be a substantive discussion between a judge and plaintiff’s counsel in a civil lawsuit concerning the lawsuit itself, without the defendants and their counsel ever being informed that such a discussion took place," the protestants stated. "The unlawful ex parte communications in this case are substantive and concern issues at the heart of the ongoing evidentiary proceeding."
They alleged these ex parte communications violate Constitutional due process requirements, California law, rules of the Board itself.