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May 30, 2018 Fifth District Court of Appeal to Hear Restore Hetch Hetchy’s Appeal of Preemption and Statute of Limitations Issues Today, the Fifth District Court of Appeal will hear oral argument in Restore Hetch Hetchy v. City and County of San Francisco. Although the lawsuit is based on the allegation that diverting water via the dam and reservoir in Hetch Hetchy Valley violates the California Constitution, the issues on appeal are whether, in this case, the California Constitution is preempted by federal law, and whether the non-profit’s claim is blocked by a statute of limitations. The outcome will determine how Restore Hetch Hetchy’s litigation efforts to restore this part of Yosemite National Park may proceed and will provide important precedent to environmental law practitioners. … Read More Written by Lauren D. Bernadett |