National Audubon Society v. Superior Court

What is National Audubon Society v. Superior Court known for?


growing public

by birds. Quoting ''Marks v. Whitney'', the court said, “There is a growing public recognition that one of the most important public uses of the tidelands and use encompassed within the tidelands trust is the preservation of those lands in their natural state, so that they may serve as ecological units for scientific study, as open space, and as environments which provide food and habitat for birds and marine life, and which favorably affect the scenery and climate of the area.” As a result, Mono Lake is a navigable water, and the beds, shores, and waters of the lake are protected by the public trust. 7 UCLA J. Envtl. L. & Pol’y 79 1987-1988 During the trial the court brought up two cases that dealt with non-navigable waterways. In 1884, the court considered impairment of navigability in the American and Sacramento rivers due to mining on their non-navigable tributaries. Gold Run Ditching and Mining Company used water cannons to wash gold bearing gravel from the hillsides. As a result, 600,000 cubic yards of sand and gravel went into the American River and washed downstream into the beds of the both the American and Sacramento (Sacramento River) rivers. The court said “The State holds the absolute right to all navigable waters and the soils under them. The soil she holds as trustee of a public trust for the benefit of the people; and she may, by her legislature, grant it to an individual; but she cannot grant the rights of the people to the use of the navigable waters flowing over it…” In the second case, in 1901, the defendant in ''People v. Russ'' had built dams on sloughs, which flowed from the Salt River. The dams had been built to prevent water from flowing on to the defendant’s land, but the state said they were a public nuisance. In the National Audubon case, ''DWP'' argued that when the Water Board approved a permit, the water right became a vested right. The California Supreme Court held that the public trust is “an affirmation of the duty of the state to protect the people’s common heritage of streams, lakes, marshlands and tidelands, surrendering that right only in rare cases when the abandonment of that right is consistent with the purposes of the trust.” 7 UCLA J. Envtl. L. & Pol’y 67 1987-1988 The second issue in this case was whether plaintiffs must exhaust their remedies before the Water Board prior to bringing action in court. The California Supreme Court determined that remedy can be pursued from the Water Board by challenging the unreasonable or unbeneficial use of appropriated water or by bringing an independent public trust claim. Therefore, the plaintiffs could claim that ''DWP’s'' use of the water was unreasonable. Plaintiffs also could bring the public trust claim pursuant to section 2501 of the Water Code, which said, “The board may determine, in the proceedings provided for in this chapter, all rights to water of a stream system whether based upon appropriation, riparian right, or other basis of right.” Section 2501 refers to water rights as bringing the proceedings before the Water Board. Decision The California Supreme Court entered its decision in 1983 with the majority opinion written by Justice Broussard (Allen Broussard) with Justices Bird (Rose Bird), Mosk (Stanley Mosk), Kaus (Otto Kaus) and Reynoso (Cruz Reynoso), concurring. A separate concurring opinion by was entered by Kaus. Justice Richardson issued an opinion concurring in part and dissenting in part. While the public trust doctrine protects navigable waterways like Mono Lake, the question remained whether diversions of non-navigable waters like the Mono Lake tributaries might also fall under the doctrine's scope. The majority concluded that when diversions of non-navigable tributaries impair the public interest in navigable waterways (Navigability), the scope of the public trust doctrine is sufficiently broad to proscribe such actions.


amp legal

Audubon Society v. Los Angeles. Superior Court of Alpine County No. 6429'''''. The case was transferred to Alpine (Alpine County, California) Superior Court (Superior Courts of California); ''DWP'' filed a cross-complaint seeking adjudication of Basin water


relationship

. . . the scenic views of the lake and its shore, the purity of the air and the use of the lake for nesting and feeding by birds. Under Marks v. Whitney, supra, 6 Cal.3d 251, 98 Cal. Rptr. 790, 491 P.2d 374, it is clear that protection of these values is among the purposes of the public trust.”’’ In examining the relationship between the public trust doctrine and appropriative water rights in California, the court determined that, in some cases, the public interest

following this decision, ''DWP'' has been ordered to reduce diversions by approximately two thirds until the water levels in Mono Lake recover to an acceptable level (expected to take decades). Dissent Richardson concurred with parts one through four of the majority opinion (background and history of the Mono Lake litigation; the public trust doctrine in California; The California water rights system; and, the relationship between the public trust

doctrine and the California water rights system) and with the analysis of the relationship between the public trust doctrine and the water rights system in this state. However, Richardson entered a dissent from part five of the opinion (exhaustion of administrative remedies) where the majority held that the courts and the California Water Resources Board have concurrent jurisdiction in cases of this kind. Richardson's dissent of part five concluded, ''"


interest

. 982 (W.D.N.Y. 1991) Ill. Cent. R. R., 146 U.S. 387 (1892) and preservation of a public interest (such as recreation, swimming, access, and sport fishing). Marks v. Whitney, 98 Cal. Rptr. 790, 491 P.2d 374 (1971) In ''National Audubon Society v. Superior Court,'' it was alleged by the plaintiffs that the public trust doctrine was being violated due to environmental damages to Mono Lake in the form of significant water level declines

that established the public trust doctrine in the U.S. (United States) is the 1892 Supreme Court (Supreme Court of the United States) case Illinois Central Railroad v. Illinois. The Court held that ''public trust submerged lands belong to the respective States within which they are found, with the consequent right to use or dispose of any portion thereof, when that can be done without substantial impairment of the interest of the public in the waters….'' setting a precedent for strict scrutiny

that conditions resulted from a valid exercise of the police power by the State of California. Simultaneously, ''Audubon'' sought permission to include a cause of action based on the federal common law of nuisance, asserting that Mono Lake is an “interstate or navigable” water in which there is an overriding federal interest, and ''DWP's'' diversions were causing water and air pollution. Due to the inclusion of federal agencies, the suit was transferred


title political

Audubon Society v. Los Angeles. Superior Court of Alpine County No. 6429'''''. The case was transferred to Alpine (Alpine County, California) Superior Court (Superior Courts of California); ''DWP'' filed a cross-complaint seeking adjudication of Basin water


pollution

that conditions resulted from a valid exercise of the police power by the State of California. Simultaneously, ''Audubon'' sought permission to include a cause of action based on the federal common law of nuisance, asserting that Mono Lake is an “interstate or navigable” water in which there is an overriding federal interest, and ''DWP's'' diversions were causing water and air pollution. Due to the inclusion of federal agencies, the suit was transferred

Board (SWRCB) to objectively study Mono Lake water rights after the agency granted the rights. Audubon claimed that air pollution in the form of alkali dust storms were caused by Mono Lake’s dropping water level. On October 6, 1988, the United States Court of Appeals, Ninth Circuit, held that Audubon could not claim a federal common law nuisance based on air pollution. In 1984, when ''DWP'' threatened to once again dry the creek, a trout fisherman, Dick


traditional public

; ref The Public Trust Doctrine has also been expanded to protect lands in their natural state to serve as ecological units for scientific study. Mono Lake is a navigable waterway, and it harvests brine shrimp for sale as fish food. Under the traditional public trust cases, the lake is identified as a fishery. Plaintiffs sought to protect the lake's exceptional recreational and ecological value of the lake and its shore, the purity of the air, and the use of the lake for nesting and feeding


water quality

water quality. In 1976, a group of students from the University of California began to study the Mono Lake environment. Their research concluded that the lake’s reduction in water level caused environmental damage, including the loss of the lake’s brine shrimp, loss of migrating and nesting birds, and the destruction of the Mono Lake’s natural beauty. In 1979, the National Audubon Society, Mono Lake Committee, Friends of the Earth, and four

be employed, using the discretionary powers enjoyed by states for determining public purpose, as the basis for the preservation of a public interest in recreation. Other states, such as Montana, have integrated natural resource values and the public trust doctrine into appropriative water rights through allowing water to be appropriated for future uses that are protective of the environment or a resource (such as maintaining instream flows for water quality


national attention

url http: www.pclfoundation.org work CEQA publisher pclfoundation.org The diversions from the second aqueduct caused the surface area of the lake to decrease by one-third and the lake level to drop


public

in California highlighting the conflict between the public trust doctrine and appropriative water rights. The Public Trust Doctrine is based on the principle that certain resources (such as navigable waters) are too valuable to be privately owned and must remain available for public use. In ''National Audubon

Society v. Superior Court,'' the court held that the public trust doctrine restricts the amount of water that can be withdrawn from navigable waterways. The basis for the Public Trust Doctrine goes back to Roman law. Under Roman law, the air, the rivers, the sea and the seashore were incapable

of private ownership; they were dedicated to the use of the public. In essence, the public trust doctrine establishes the role of the state as having trustee environmental duties owed to the public that are subsequently enforceable by the public. There is judicial recognition of this, dictating

National Audubon Society v. Superior Court

agency_name Los Angeles Department of Water and Power nativename nativename_a nativename_r logo LA DWP Logo.jpg logo_width 200px logo_caption seal seal_width seal_caption picture picture_width picture_caption formed Water: 1902 Electric: 1916 preceding1 Los Angeles City Water Company preceding2 dissolved superseding jurisdiction headquarters John Ferraro Building (John Ferraro), Los Angeles, California latd latm lats latNS longd longm longs longEW region_code employees 8,611 employees budget $4.19 billion (water and electric) Electric: $3.19 billion Water: $1 billion minister1_name minister1_pfo minister2_name minister2_pfo chief1_name Austin Beutner chief1_position General Manager (Interim) chief2_name chief2_position agency_type Water Infrastructure parent_agency child1_agency child2_agency keydocument1 website footnotes thumb Landsat image of Mono Lake (File:Wfm mono lake landsat.jpg) thumb Lakeside of Mono Lake 1999 (File:Lakeside of Mono Lake.jpg)

The case of '''National Audubon Society v. Superior Court''' (Supreme Court of California, 1983) was a key case in California highlighting the conflict between the public trust doctrine and appropriative water rights. In essence, the public trust doctrine establishes the role of the state as having trustee environmental duties owed to the public that are subsequently enforceable by the public. There is judicial recognition of this, dictating that certain rights of the public are key to individual common law rights (such as state recognition of the public right or trust for waterways and coastal zones). Judicial recognition of the public trust doctrine has been established for tidelands and non-navigable waterways, Phillips Petroleum Co. v. Mississippi, 484 U.S. 469 (1988) submerged land (such as lake beds) and the waters above them, New York v. DeLyser, 759 F. Supp. 982 (W.D.N.Y. 1991) Ill. Cent. R. R., 146 U.S. 387 (1892) and preservation of a public interest (such as recreation, swimming, access, and sport fishing). Marks v. Whitney, 98 Cal. Rptr. 790, 491 P.2d 374 (1971)

In ''National Audubon Society v. Superior Court,'' it was alleged by the plaintiffs that the public trust doctrine was being violated due to environmental damages to Mono Lake in the form of significant water level declines as a result of water diversions by the City of Los Angeles Department of Water and Power (Los Angeles Department of Water and Power) (DWP). The California Supreme Court held that the state, under the public trust doctrine, had '''continuing responsibility''' for the state's navigable waters and that the public trust doctrine, therefore, prevented any party from appropriating water in a manner that harmed the public trust interests. However, the court also recognized that LA depended on these diversions as a critical water source, and this in turn mitigated the rule of law as the court held that water transfers were permissible even though some damage to the environment would occur as long as this was kept to minimal harm to the extent feasible. This ruling established that the public trust doctrine and appropriative water rights are ''"part of an integrated system of water law"'' and so both must be considered when determining appropriate use of water in California.

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