Jan. 12, 2026
California justices wade into fish statute fight
California's highest court will decide in Bring Back the Kern v. City of Bakersfield whether a statutory duty to protect fish under Fish & Game Code § 5937 must be tied to the Constitution's "reasonable use" requirement before a violation can be found.
In November 2023, Bring Back the Kern and other environmental groups obtained a preliminary injunction from the Superior Court of Kern County prohibiting the City of Bakersfield from operating weirs "in any manner that reduces Kern River flows below the volume sufficient to keep fish downstream of said weirs in good condition," a violation of Fish and Game Code Section 5937. The 5th District Court of ...
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