From Restore The Delta:
"On March 15, Alameda County Superior Court Judge Alice Vilardi ruled that the Governor and the California Department of Water Resources (DWR) violated the law when they approved 2009 transfers to the Drought Water Bank.
Governor Schwarzenegger proclaimed a "drought emergency" in February 2009 and used that emergency to exempt water transfers to the Drought Water Bank from meeting the requirements of the California Environmental Quality Act (CEQA). In April 2009, the Butte Environmental Council (BEC), the California Sportfishing Protection Alliance (CSPA) and the California Water Impact Network (C-WIN), contested the emergency proclamation as an improper use of CEQA's emergency provisions,
This month, Judge Vilardi agreed, finding that the Governor failed to declare "that there was a disaster, or identify a specific geographically described disaster-stricken area" as California law requires. The judge found no evidence of a sudden, unexpected occurrence involving imminent danger or demanding immediate action "to prevent or mitigate loss of or damage to life, health, property, or essential public services." Possible consequences were "months or years in the future." The Governor's proclamation didn't waive CEQA requirements and actually directed DWR to protect the environment.
This decision will change the way DWR, the State Water Board, and the U.S. Bureau of Reclamation can use the Drought Water Bank for transfers in the future"
"On March 15, Alameda County Superior Court Judge Alice Vilardi ruled that the Governor and the California Department of Water Resources (DWR) violated the law when they approved 2009 transfers to the Drought Water Bank.
Governor Schwarzenegger proclaimed a "drought emergency" in February 2009 and used that emergency to exempt water transfers to the Drought Water Bank from meeting the requirements of the California Environmental Quality Act (CEQA). In April 2009, the Butte Environmental Council (BEC), the California Sportfishing Protection Alliance (CSPA) and the California Water Impact Network (C-WIN), contested the emergency proclamation as an improper use of CEQA's emergency provisions,
This month, Judge Vilardi agreed, finding that the Governor failed to declare "that there was a disaster, or identify a specific geographically described disaster-stricken area" as California law requires. The judge found no evidence of a sudden, unexpected occurrence involving imminent danger or demanding immediate action "to prevent or mitigate loss of or damage to life, health, property, or essential public services." Possible consequences were "months or years in the future." The Governor's proclamation didn't waive CEQA requirements and actually directed DWR to protect the environment.
This decision will change the way DWR, the State Water Board, and the U.S. Bureau of Reclamation can use the Drought Water Bank for transfers in the future"