
Judge Michael Kenny of the Sacramento Superior Court on June 23 ruled that the Delta Plan is invalid after a successful legal challenge by multiple Delta parties who argued that the controversial plan doesn't protect water quality or the many fish species that depend on fresh water flows for their survival.
The Court, in its tentative ruling vacating the plan, said the Delta Stewardship Council must rewrite the Delta Plan to include a number of quantitative measures of performance, including reduced reliance on the Delta for future water needs by exporters.
Since the Delta Plan relied heavily on Governor Jerry Brown's Delta Tunnels Plan, now called the California WaterFix, to achieve its goals, Delta and public trust advocates see this as significant victory that will delay the twin tunnels for years.
The Delta Plan was required by the 2009 Delta Reform Act, a law designed to implement the two coequal goals of providing a more reliable water supply for California and protecting, restoring, and enhancing the Delta ecosystem. The coequal goals shall be achieved in a manner that protects and enhances the unique cultural, recreational, natural resource, and agricultural values of the Delta as an evolving place, according to the Act.
In his decision, Judge Kenny said: “To be clear, the Delta Plan is invalid and must be set aside until proper revisions are completed. As Respondent itself argued previously, in light of an invalid Delta Plan, there is no proposed project, and consequently nothing before the Court to review under CEQA. The Court does not believe that piece-meal CEQA review is feasible under circumstances in which significant Plan revisions are required.”
Representatives of groups who participated in the lawsuits against the weak protections in the Delta Plan praised the tentative ruling. They plan to issue a full press release on Friday, June 24.
“The court invalidated the Delta Plan because it blatantly failed to comply with the law and, consequently, was not protective of the Delta," said Bill Jennings, executive director of the California Sportfishing Protection Alliance. "The Plan failed to mandate specific requirements that would reduce reliance on the Delta, provide for more natural flows, reduce harm from invasive species or increase water supply reliability through increased regional self-sufficiency."
"The order will require major