State Water Board Cases
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In December 2018, the State Water Resources Control Board (the Board) adopted amendments to the water quality control plan for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary and certified a substitute environmental document supporting the amendments. The San Joaquin Tributaries Authority (SJTA), along with other entities, filed lawsuits against the Board challenging the amendments. These lawsuits were coordinated in Sacramento County, and the SJTA filed a motion to intervene in all of the cases that were part of the coordination proceeding. The trial court denied the motion, and the SJTA appealed.
The Court of Appeal of the State of California Third Appellate District affirmed the trial court's decision. It found that SJTA did not meet the requirements for mandatory intervention because it was already a party to the coordination proceeding and could adequately represent its own interests. The court also found that the trial court did not abuse its discretion in denying permissive intervention, as SJTA's participation would largely be duplicative and would complicate an already complex case. The court noted that intervention was not necessary because SJTA was already a part of the coordination proceeding and could fully protect its interests.
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