“Further legal action on the Kern River was put on pause Thursday morning following an order by the 5th District Court of Appeal that stayed a local injunction mandating enough water be kept in the river for fish.
Kern County Superior Court Judge Gregory Pulskamp said the 5th District’s order that stayed his earlier injunction was very broad putting a hold on the injunction as well as “all proceedings embraced or affected by” it. That in mind, he, in turn, put a pause on several pending motions.
Pulskamp set a case management date of Aug. 1 where, he told the phalanx of attorneys, he might move forward on some pieces of the underlying lawsuit.
But a lot depends on how fast the 5th District moves as it prepares to hear the appeal against his injunction.
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Pulskamp asked attorneys Bill McKinnon, who represents Water Audit California, and Adam Keats, who represents Bring Back the Kern, if they would be taking the issue to the state’s top court.
McKinnon replied that he has a petition for rehearing prepared to send to the 5th District. Down the road, the Supreme Court might be a consideration but he would rather settle than escalate the fight.” [Read More]