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Third District Denies Rehearing, Modifies Opinion in “Delta Program” DWR Bond Validation Case

By Arthur F. Coon on February 9, 2026
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In a 7-page Order filed January 28, 2026, the Third District Court of Appeal denied Appellant DWR’s request for rehearing and modified its partially published opinion in Department of Water Resources v. Metropolitan Water District of Southern California et al. / Sierra Club et al. v. Department of Water Resources (previously published at 117 Cal.App.5th 751, and which I previously posted on here), with no change in the judgment.  The Order, which can be viewed here, makes mostly minor revisions, such as adding supporting citations, correcting punctuation and typographical errors, and making clarifying corrections in the technical descriptions of certain proposals and Feather River Project components.  (Order, at pp. 2-6.)  The Order’s most substantive change is its elimination and narrowing of certain dicta in language near the Opinion’s end, regarding hypothetical “problematic” results that may have resulted from a contrary judgment validating DWR’s Bond Resolutions.





Questions? Please contact Arthur F. Coon of Miller Starr Regalia. Miller Starr Regalia has had a well-established reputation as a leading real estate law firm for more than sixty years. For nearly all that time, the firm also has written Miller & Starr, California Real Estate 4th, a 12-volume treatise on California real estate law. “The Book” is the most widely used and judicially recognized real estate treatise in California and is cited by practicing attorneys and courts throughout the state. The firm has expertise in all real property matters, including full-service litigation and dispute resolution services, transactions, acquisitions, dispositions, leasing, financing, common interest development, construction, management, eminent domain and inverse condemnation, title insurance, environmental law and land use. For more information, visit www.msrlegal.com

Photo of Arthur F. Coon Arthur F. Coon

Arthur F. Coon is Chair Emeritus of Miller Starr Regalia’s Land Use Practice Group and Chair of its Appellate Practice Group. Art has distinguished himself over a more than 35-year career as a top CEQA and land use law litigator at the…

Arthur F. Coon is Chair Emeritus of Miller Starr Regalia’s Land Use Practice Group and Chair of its Appellate Practice Group. Art has distinguished himself over a more than 35-year career as a top CEQA and land use law litigator at the trial and appellate levels of both federal and state courts, including an appearance as counsel of record before the U.S. Supreme Court. His areas of expertise include land use, environmental law, the law of public agencies, extraordinary writs, and the California Environmental Quality Act (CEQA).

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  • Posted in:
    Environmental and Climate
  • Blog:
    CEQA Developments
  • Organization:
    Miller Starr Regalia
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