Judge tosses one “cause of action” in long-running Kern River case
One of several “causes of action” was cut out of the ongoing Kern River case in a ruling issued Jan. 22 by Kern County Superior Court Judge Gregory Pulskamp. Plaintiffs Bring Back the Kern and Water Audit California had claimed in their lawsuit against the City of Bakersfield that … it was illegally flouting California Fish and Game Code 5901, which states that it’s illegal to put anything in a river, such as a dam or a weir, that impedes fish passage. Late last fall, agricultural water districts … filed a motion to boot that particular cause of action from the overall case. They argued that Section 5901 can only be enforced at the discretion of the Department of Fish and Wildlife, not private parties. Judge Pulskamp agreed and removed that issue from the upcoming trial, which is scheduled for Feb, 8, 2027.
Other anadromous fish news:
- The Mendocino Voice (Calif.): Restoration efforts spark remarkable comeback for coho salmon on Mendocino Coast
