Yuba County Water Agency v. Sobeck

E.D. California

Yuba County Water Agency v. Sobeck

DecidedJune 16, 2025

Docket2:21-cv-00861

StatusUnknown

This text of Yuba County Water Agency v. Sobeck (Yuba County Water Agency v. Sobeck) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Yuba County Water Agency v. Sobeck, (E.D. Cal. 2025).

Pincite

Opinion

1 ROB BONTA, State Bar No. 202668 Attorney General of California 2 ERIC M. KATZ, State Bar No. 204011 JENNIFER KALNINS TEMPLE, State Bar No. 258637 3 Supervising Deputy Attorneys General KRISTIN MCCARTHY, State Bar No. 328196 4 Deputy Attorney General 300 South Spring Street, Suite 1702 5 Los Angeles, CA 90013-1230 Telephone: (213) 269-6323 6 Fax: (916) 731-2128 E-mail: Eric.Katz@doj.ca.gov 7 Attorneys for Defendants Eileen Sobeck, et al 8 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 12 13 YUBA COUNTY WATER AGENCY, 2:21-cv-00861-DJC-CKD 14 Plaintiff, JOINT STATUS REPORT and 15 STIPULATION FOR DISMISSAL; v. ORDER 16 Courtroom: 6 17 EILEEN SOBECK, et al., Judge: Hon. Daniel J. Calabretta Trial Date: None Set 18 Defendants. Action Filed: November 13, 2020 19 20 WHEREAS on November 13, 2020, Plaintiff Yuba County Water Agency (Yuba) filed its 21 Complaint in the District Court for the District of Columbia concerning the State Water 22 Resources Control Board’s (State Water Board) issuance of a Clean Water Act section 401 23 certification for Yuba’s application to FERC to relicense a hydroelectric project (the 24 Certification); 25 WHEREAS, on April 29, 2021, the District Court for the District of Columbia ordered the 26 case transferred to the Eastern District of California; 27 28 1 WHEREAS, Plaintiff filed a Motion for Summary Adjudication of Claims (ECF No. 39), 2 and Defendants filed a Motion to Dismiss, Or, In the Alternative, Motion to Stay (ECF No. 42), 3 and a Motion to Stay Plaintiff’s Motion for Summary Adjudication of Claims (ECF No. 43); 4 WHEREAS, on October 27, 2021, the Court granted Defendants’ motion to stay, and 5 ordered the parties to file a joint status report within ten days of a final decision by the Ninth 6 Circuit and/or state Superior Court in related litigation; 7 WHEREAS, on August 4, 2022, the Ninth Circuit issued its opinion in California State 8 Water Res. Control Bd. v. FERC, 43 F.4th 920 (9th Cir. 2022), cert. denied 143 S.Ct. 2459, 9 holding that the State Water Board did not waive its authority under Section 401 of the Clean 10 Water Act with respect to Yuba’s application to relicense the hydroelectric project at issue; 11 WHEREAS, on September 18, 2024, the State Water Board set aside the Certification at 12 issue in this lawsuit; 13 WHEREAS, the state court litigation concerning the State Water Board’s issuance of the 14 Certification is currently on appeal in California Court of Appeal, Fifth District, Case Nos. 15 F084832 and F085880, and has been stayed while the parties have been engaged in settlement 16 discussions; 17 WHEREAS, on June 6, 2025, the parties jointly requested that the State Water Board’s 18 appeal of the merits pending in the California Court of Appeal be dismissed; 19 WHEREAS, the parties agree that this lawsuit is moot in light of the State Water Board 20 setting aside the Certification; 21 THEREFORE, the parties, by and through their respective counsel, stipulate as follows: 22 1. Yuba hereby voluntarily dismisses all claims in this action without prejudice. 23 2. Each party agrees to bear its own costs and fees with regard to this action. 24 3. This stipulation may be executed in counterpart originals and by facsimile or 25 electronic signature, each of which shall be deemed to be an original, and all of which shall 26 constitute one and the same document. 27 IT IS SO STIPULATED.

28 1 Dated: June 11, 2025 BKS LAW FIRM, P.C. * 2

3 /s/ Ryan S. Bezerra 4 RYAN BEZERRA 5 Attorneys for Plaintiff Yuba County Water Agency 6 * substitution of attorney pending

7 Dated: June 11, 2025 ROB BONTA 8 ATTORNEY GENERAL OF CALIFORNIA

9 /S/ ERIC M. KATZ

10 ERIC M. KATZ 11 Supervising Deputy Attorney General Attorneys for Defendants Eileen Sobek, et al. 12

15 LA2020304842 39070893.docx 16 17 18 19 20 21 22 23 24 25 26 27 28 1 ORDER 2 Based on the parties’ stipulation, the case is hereby dismissed without prejudice. Each 3 party is to bear its own costs and fees. 4 IT IS SO ORDERED. 5

6 Dated: June 13, 2025 /s/ Daniel J. Calabretta THE HONORABLE DANIEL J. CALABRETTA 7 UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Free access — add to your briefcase to read the full text and ask questions with AI

1 ROB BONTA, State Bar No. 202668 Attorney General of California 2 ERIC M. KATZ, State Bar No. 204011 JENNIFER KALNINS TEMPLE, State Bar No. 258637 3 Supervising Deputy Attorneys General KRISTIN MCCARTHY, State Bar No. 328196 4 Deputy Attorney General 300 South Spring Street, Suite 1702 5 Los Angeles, CA 90013-1230 Telephone: (213) 269-6323 6 Fax: (916) 731-2128 E-mail: Eric.Katz@doj.ca.gov 7 Attorneys for Defendants Eileen Sobeck, et al 8 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 12 13 YUBA COUNTY WATER AGENCY, 2:21-cv-00861-DJC-CKD 14 Plaintiff, JOINT STATUS REPORT and 15 STIPULATION FOR DISMISSAL; v. ORDER 16 Courtroom: 6 17 EILEEN SOBECK, et al., Judge: Hon. Daniel J. Calabretta Trial Date: None Set 18 Defendants. Action Filed: November 13, 2020 19 20 WHEREAS on November 13, 2020, Plaintiff Yuba County Water Agency (Yuba) filed its 21 Complaint in the District Court for the District of Columbia concerning the State Water 22 Resources Control Board’s (State Water Board) issuance of a Clean Water Act section 401 23 certification for Yuba’s application to FERC to relicense a hydroelectric project (the 24 Certification); 25 WHEREAS, on April 29, 2021, the District Court for the District of Columbia ordered the 26 case transferred to the Eastern District of California; 27 28 1 WHEREAS, Plaintiff filed a Motion for Summary Adjudication of Claims (ECF No. 39), 2 and Defendants filed a Motion to Dismiss, Or, In the Alternative, Motion to Stay (ECF No. 42), 3 and a Motion to Stay Plaintiff’s Motion for Summary Adjudication of Claims (ECF No. 43); 4 WHEREAS, on October 27, 2021, the Court granted Defendants’ motion to stay, and 5 ordered the parties to file a joint status report within ten days of a final decision by the Ninth 6 Circuit and/or state Superior Court in related litigation; 7 WHEREAS, on August 4, 2022, the Ninth Circuit issued its opinion in California State 8 Water Res. Control Bd. v. FERC, 43 F.4th 920 (9th Cir. 2022), cert. denied 143 S.Ct. 2459, 9 holding that the State Water Board did not waive its authority under Section 401 of the Clean 10 Water Act with respect to Yuba’s application to relicense the hydroelectric project at issue; 11 WHEREAS, on September 18, 2024, the State Water Board set aside the Certification at 12 issue in this lawsuit; 13 WHEREAS, the state court litigation concerning the State Water Board’s issuance of the 14 Certification is currently on appeal in California Court of Appeal, Fifth District, Case Nos. 15 F084832 and F085880, and has been stayed while the parties have been engaged in settlement 16 discussions; 17 WHEREAS, on June 6, 2025, the parties jointly requested that the State Water Board’s 18 appeal of the merits pending in the California Court of Appeal be dismissed; 19 WHEREAS, the parties agree that this lawsuit is moot in light of the State Water Board 20 setting aside the Certification; 21 THEREFORE, the parties, by and through their respective counsel, stipulate as follows: 22 1. Yuba hereby voluntarily dismisses all claims in this action without prejudice. 23 2. Each party agrees to bear its own costs and fees with regard to this action. 24 3. This stipulation may be executed in counterpart originals and by facsimile or 25 electronic signature, each of which shall be deemed to be an original, and all of which shall 26 constitute one and the same document. 27 IT IS SO STIPULATED.