North Coast Rivers Alliance, et al. v. United States Department of the Interior, et al.

Filing 108

ORDER VACATING JULY 31, 2019 EVIDENTIARY HEARING AND REQUIRING JOINT STATUS REPORT ON OR BEFORE AUGUST 23, 2019 signed by Chief Judge Lawrence J. O'Neill on July 26, 2019. (Munoz, I)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NORTH COAST RIVERS ALLIANCE, et al.,

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1:16-cv-00307-LJO-SKO

Plaintiffs,

ORDER VACATING JULY 31, 2019
EVIDENTIARY HEARING AND
REQURIRING JOINT STATUS
REPORT ON OR BEFORE AUGUST 23,
2019.

v.
UNITED STATES DEPARTMENT OF THE
INTERIOR, et al.,
Defendants,
WESTLANDS WATER DISTRICT, et al.,
Intervenor-Defendants.

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The Court has received and reviewed the Parties’ statements, ECF Nos. 106 & 107, filed in

16 response to the Court’s order setting an evidentiary hearing on the issue of mootness. ECF No. 104. The
17 Court agrees with the Parties that an evidentiary hearing would not be helpful at this time, as there are
18 no material factual disputes. Accordingly, the evidentiary hearing, currently set for July 31, 2019, is
19 VACATED. However, the conduct challenged in this case, which relates to the environmental review of
20 interim Central Valley Project (CVP) water service contracts covering the period from 2016 to 2018, is
21 technically moot. It still remains true that it is decidedly unclear whether this conduct will ever repeat
22 again, because the water user Defendants have requested conversion of their now-expired long-term
23 CVP water service contracts into a different form of “repayment contract.” According to the law that
24 permits this repayment, the conversion appears to be mandatory if requested. See Water Infrastructure
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Improvements for the Nation Act, Pub. L. No. 114-322, § 4011 (2016). Moreover, at least according to

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Defendants, repayment contracts will not require the same form(s) of environmental review.

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In light of the Court’s current workload, there is little chance it will be able to turn to the pending

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motions before September 2019. Accordingly, in the interest of judicial efficiency and because

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Defendants indicate additional developments related to the contract conversion may take place in early

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August 2019, the Court directs all parties to file a join status report on or before August 23, 2019,

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addressing any changed circumstances. Thereafter, the Court will once again deem the matter submitted

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on the papers and will rule on the issue of mootness, and, if the case is not deemed moot, on the merits.

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IT IS SO ORDERED.

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Dated:
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July 26, 2019

/s/ Lawrence J. O’Neill _____
UNITED STATES CHIEF DISTRICT JUDGE

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