Blog: Superior Court preliminarily enjoins City of Bakersfield to protect fish below Kern River weirs
On October 30, 2023, the Kern County Superior Court preliminarily enjoined the City of Bakersfield (“City”) from operating six Kern River weirs in a way that reduces flows below the amount sufficient to keep downstream fish in “good condition.” The ruling in Bring Back the Kern et al. v. City of Bakersfield (BCV-22-103220) seems likely to result in further development of the law regarding the application of Fish and Game Code section 5937 (“Section 5937”) and the public trust doctrine.