The Sierra Club and the Carmel River Steelhead Association (CRSA) brought suit against the California American Water Company (CAW), a water and wastewater utility, seeking injunctive relief and alleging that the company was wrongfully diverting water from the Carmel River and causing harm to the South Central California Coast Steelhead fish (steelhead), an endangered species under the Endangered Species Act (ESA).
CAW moved to dismiss the action, arguing that the Court must dismiss the action under the Younger abstention doctrine because hearing the Plaintiffs' claim would interfere with ongoing state judicial proceedings.
At the time that the Sierra Club and CRSA brought suit, CAW was involved in ongoing proceedings with the California State Water Resources Control Board (SWRCB), which maintains original jurisdiction over the appropriation of surface waters within the state.
The Court found that the Younger abstention applied and dismissed the complaint for lack of jurisdiction.
|