People of the State of Cal. v. U.S. D.O.I., No. 12-55856 (9th Cir. 2014)Annotate this Case
Imperial County and Air District filed suit against the Secretary, claiming that the environmental impact statement (EIS) regarding the Salton Sea did not comply with either the National Environmental Policy Act (NEPA), 42 U.S.C. 4321 et seq., or the Clean Air Act (CAA), 42 U.S.C. 7401. Imperial Irrigation, San Diego Water, Coachella, and Metropolitan intervened as defendants. The district court granted summary judgment to defendants, finding that neither plaintiff had standing to sue. Although the court concluded that plaintiffs had Article III standing to sue, the court affirmed the judgment of the district court where the district court correctly found in the alternative that the Secretary did not violate NEPA and the record made plain that the Secretary did not violate the CAA.
The court issued a subsequent related opinion or order on August 1, 2014.