Blog: Delta Stewardship Council creates ambiguity in the definition of a “covered action” under the Delta Reform Act
On January 23, 2025, the Delta Stewardship Council (Council) adopted a 33-page decision (“Decision” or “D20242”) regarding the California Department of Water Resources’ (DWR) Certification of Consistency (Certification) with the Delta Plan pertaining to a small subset of geotechnical activities that form part of the Delta Conveyance Project (DCP). … In its Decision, the Council presented its opinion and conclusion that, notwithstanding the Sacramento County Superior Court’s (Court) statutory interpretation to the contrary, the Legislature did not intend to incorporate the California Environmental Quality Act’s (CEQA) “whole of an action” anti-piecemealing concept when the Legislature defined a “covered action” under the Sacramento-San Joaquin Delta Reform Act of 2009.
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