On April 11, 2022, as part of the Frank G. Wells Clinic in Environmental Law, clinic co-director Cara Horowitz and Emmett/Frankel Fellow Heather Dadashi filed an amicus curiae brief to the California Court of Appeal in an appeal of a decision where LA Waterkeeper successfully challenged the granting of discharge permits for four Southern California water treatment plants using a “waste and unreasonable use” claim. The brief was submitted on behalf of individual and organizational experts in water law, water management, and climate change: Karrigan Börk, Naomi Goldenson, John Leshy, California Sportfishing Alliance, California Water Impact Network, and Environmental Law Foundation.

The brief discusses the history of the reasonable use doctrine in California, a state body of law aimed at conserving water and minimizing waste,  and the impact of climate change on Southern California’s water supply. The brief supports the ruling of the lower court, which held that the State Water Resources Control Board has a duty to consider whether the water discharges at issue are consistent with the reasonable use doctrine. 

Download the brief.