KAS Bring Back the Kern Appeal to California Supreme Court

Why This Matters

1. The ruling by the appeals court undermines Fish & Game Code 5937 – The ruling weakens the plain language of this key environmental law, which requires that enough water be left in rivers to keep fish populations in “good condition.” Instead of enforcing this clear requirement, the court’s decision forces judges to balance fish protections against all other water uses and economic costs.
   
   
2. The ruling will have a chilling effect on environmental litigation and preliminary injunctions – The ruling also creates a dangerous precedent for groups seeking injunctive relief in environmental cases. It holds that plaintiffs must post bonds commensurate with potential damages to defendants—which, in cases like the one on the Kern River, could mean millions of dollars. This could deter future lawsuits aimed at protecting rivers.