For the first time in more than 100 years, the Kern River is headed back to the California Supreme Court where justices may overturn or uphold an order mandating flows be kept in the riverbed through Bakersfield. The high court announced Wednesday that it would grant review of a 5th District Court of Appeal’s ruling that overturned a Kern County Superior Court judge’s order mandating water be kept in the river for fish. The 5th District’s ruling was also “published,” meaning it can be used as legal precedent in other, similar cases. The Kern River plaintiffs asked the Supreme Court to review the 5th District’s ruling and have it depublished. Justices granted review but declined to depublish the ruling. Instead, justices said the 5th District’s Kern River ruling could stand, pending their review. And that the ruling could be cited as both an authoritative precedent as well as to show there is a conflict of authorities and that it was up to trial courts to then “choose between sides of any such conflict.” 

Other fish conservation news:

• Stocktonia News (Calif.): This once-popular Delta gamefish is disappearing quickly, study finds
• SeafoodSource: US House budget bill cuts NOAA funding but maintains spending on Pacific salmon recovery
• Maven’s Notebook: Blog: A closer look at how predation and flow impact salmon survival​