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California’s Third District Court of Appeal has reinstated a stay temporarily blocking the sale of some 20,000 acres to the Metropolitan Water District of Southern California (MWD). The new stay lasts until at least July 15.
The controversial sale of Delta island land from Swiss investors to MWD was originally to have closed on June 8. However, San Joaquin and Contra Costa counties, environmentalists and Delta farmers and landowners sought a temporary order blocking the sale. They claim the purchase of the islands in the fragile estuary is to assist Gov. Jerry Brown’s proposed twin water tunnels as part of the state’s WaterFIX plan. The plaintiffs requested the new stay, pleading for more time to prepare for and hopefully persuade the state Supreme Court to hear the matter.
“We believe the case raises significant issues of statewide importance and the California Supreme Court should have the opportunity to rule against Metropolitan’s actions before Metropolitan takes ownership of the Delta islands,” said Stockton attorney Brett Jolley, representing the plaintiffs. “The appellate court’s reinstatement of the injunction preserves the status quo and allows for meaningful Supreme Court consideration of our case.”
The $175-million-dollar purchase of estuary land has now been blocked twice by the courts; the deal has previously been only hours or days of closing when the courts stepped in. But, one day after lifting the most recent stay, the courts stepped in to temporarily halt the sale. The Delta advocates are now seeking a sale injunction from the state Supreme Court.
The plaintiffs contend that MWD’s planned Delta purchase is a “project” and therefore under the scrutiny of the California Environmental Quality Act. They feel MWD must first conduct environmental studies before the purchase is finalized, especially since they maintain the land will be used as a construction site or storage area for fill dirt for Gov. Brown’s twin tunnels.
For its part MWD’s spokesman Bob Muir has said, “We believe it’s a simple purchase.”
MWD claims that environmental studies are not needed as they have not decided on a specific use for the property. However, they have previously said that the land might use for the twin tunnels’ construction but they might also use some of the land as a habitat to help restore the fragile estuary.
If Delta advocates prevail in getting the state Supreme Court to hear their case, they may be able to stop the sale of the Delta islands to MWD. Delta attorneys warn that if Metropolitan prevails and the sale is completed it will be more difficult for the advocates to have the decision overturned.
