Yuba County Water Agency v. Sobeck

Opinion

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

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

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

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

/S/ ERIC M. KATZ

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

LA2020304842 39070893.docx Based on the parties’ stipulation, the case is hereby dismissed without prejudice. Each party is to bear its own costs and fees.

Dated: June 13, 2025 /s/ Daniel J. Calabretta THE HONORABLE DANIEL J. CALABRETTA UNITED STATES DISTRICT JUDGE