Deltakeeper v. Oakdale Irrigation Dist.
These cases, consolidated for appeal, involve questions whether irrigation districts violated the California Environmental Quality Act by adopting negative declarations instead of preparing environmental impact reports (EIRs) for programs applying aquatic herbicides/pesticides to keep irrigation canals clear of weeds and algae. Environmental review of these long standing programs was newly triggered by permit requirements of the State Water Resources Control Board (SWRCB) to satisfy federal law (National Pollution Discharge Elimination System (NPDES) permits under the Clean Water Act, 33 U.S.C. S 1251 et seq.).
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