“The Court’s decision in Reynolds v. City of Calistoga does not create new law. It simply reiterates venerable authority that has long held that in California the individual has standing to enforce protection of the public trust in the fisheries.
The action was commenced and initially prosecuted by Mr. Reynolds, a non-attorney acting without the support of counsel. Given the complexity of water law and the City’s retention of a major establishment law firm to vigorously answer his complaint, his accomplishments in this matter should be equally ranked with successful amateur do-it-yourself brain surgery. It’s a wonder to observe but be very careful about trying this at home.
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The State concluded that the public interest would be best served by filing an amicus brief in support of Reynolds’ motion for reconsideration. Assembled in near record time, the amicus brief, among other significant matters, set forth the long history of the public trust in the fisheries and the long standing right of the individual to enforce protection of that trust. The Court granted reconsideration, making the order that has received this attention.” [Read More]