After 10 years of fight, county admits defeat

Taft Midway Driller –

The county’s aggressive litigation strategy involved retention of one of the nation’s preeminent natural resource lawyers to advance its legal argument that the common law Public Trust Doctrine does not apply to the county’s issuance of ministerial well construction permits in Scott Valley, according to a press release.

In July of 2019, the County of Siskiyou entered into a $1.7 million settlement agreement with the Environmental Law Foundation, Pacific Coast Federation of Fisherman’s Associations, and Institute of Fisheries Resources, to settle the county’s payment of attorneys’ fees and costs in the case of Environmental Law Foundation, et al v. State Water Resources Control Board and County of Siskiyou (“ELF”), a Writ of Mandate case that the county aggressively litigated for close to a decade, and ultimately lost.

The county’s aggressive litigation strategy involved retention of one of the nation’s preeminent natural resource lawyers to advance its legal argument that the common law Public Trust Doctrine does not apply to the county’s issuance of ministerial well construction permits in Scott Valley, according to a press release. The Doctrine requires that the state (and state agencies like the State Water Resources Control Board) take certain public uses in navigable waters into account before allocating water resources in a manner that substantially impairs those uses.

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