More lawyers: New legal team joins fight for the Kern River

A prestigious, international law firm has joined the legal team representing local groups suing the City of Bakersfield over how it operates the Kern River.

Morrison Foerster is well-known in environmental advocacy circles for, among other things, its work on the Mono Lake case that resulted in the “National Audubon Society v. Superior Court” decision. That ruling restricted how much water the Los Angeles Department of Water and Power could divert from streams flowing into Mono Lake based on the Public Trust doctrine, which holds that the state owns all natural resources and must put them to the highest public use, including the environment and public access.

The lawsuit against Bakersfield asserts that the city must study its Kern River operations through the Public Trust lens, and not just based on the more than 100 years of court decrees and agreements amongst rights holders on the river.

Kern County Superior Court Judge Gregory Pulskamp issued a preliminary injunction in October 2023 mandating Bakersfield keep enough water in the river to sustain fish populations that had re-emerged following 2023’s epic runoff. That order was based on both the Public Trust doctrine and Fish and Game Code 5937, which states dam operators must keep enough water downstream for fish.

That injunction was challenged by several agricultural water districts with river rights. In May 2024, the injunction was stayed by the 5th District Court of Appeal pending a hearing.

While participants await a hearing date from the 5th District, Pulskamp has continued to hear motions in the underlying lawsuit. A case management conference is scheduled in that case for Nov. 14.

“The law is clearly on our side, but it has been difficult to compete with the agricultural industry’s money and influence,” Kelly Damian, Bring Back the Kern’s spokesperson stated in a press release from the group. “Getting this kind of help from Morrison Foerster is going to be a great help to our community.”

Morrison Foerster is taking on the case pro bono, meaning for no charge. Two partners, Bryan Wilson and William Frentzen, along with four associates, will join attorneys Adam Keats, who represents Bring Back the Kern, and William McKinnon, who represents Water Audit California, according to the release.