This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

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.

Alene Taber

Attorney
Taber Law Firm

See more...

California justices wade into fish statute fight
Shutterstock

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 ...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$895, but save $100 when you subscribe today… Just $795 for the first year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up