Order that had kept water in the Kern River reversed by 5th District Court of Appeal
In a wide-ranging ruling that could have larger implications for public interest lawsuits throughout California, the 5th District Court of Appeal reversed a preliminary injunction that had required water in the Kern River through the heart of Bakersfield. … Bring Back the Kern, Water Audit California and several other public interest groups sued the City of Bakersfield in 2022 for dewatering the river. They are demanding the city study the environmental impacts of its river operations. That lawsuit is set for trial in December. The preliminary injunction was an outgrowth of that 2022 lawsuit. It was an attempt to keep water in the river for fish that had come teeming back with high flows in 2023. The 5th District’s ruling, issued Wednesday, reversed the injunction but didn’t close the door to a possible future injunction and, in fact, gave lengthy direction for how that could be done.
Related article:
- Courthouse News Service: California appeals panel reverses Kern River injunction