Selected Reported Appellate Cases

2018.08.29 - Environmental Law Foundation v. SWRCB, Clinic Case Analysis (Report by Drew A. Parrish (12.01.2024))

  • Holding: Public trust doctrine applied to the extraction of groundwater to the extent that the extraction adversely impacted the river.
     

2023.11.13 - City of Marina v. County of Monterey, Clinic Case Analysis (Report by Lev Boraz-Beaumont and Drew A. Parrish (12.01.2024))

  • Holdings: The City's and the Valley Basin Agency's failure to resolve the overlap between the claimed areas left it unmanaged, thereby allowing the county to become the exclusive groundwater management sustainability agency for that area.  SGMA did not preclude the county from adopting a groundwater sustainability plan after the statutory deadline.
     

2024.02.08 - Mojave Pistachios, LLC v. Superior Court, Clinic Case Analysis (Report by Drew A. Parrish (12.01.2024))

  • Holding:  A person challenging a groundwater fee imposed under the Sustainable Groundwater Management Act (SGMA) must first pay the fee before bringing an action for a refund.