McCarthy, home-state colleagues press Calif. governor to drop lawsuit

U.S. Rep. Kevin McCarthy (R-CA) led his Republican colleagues from California in making a second request of the state’s governor to withdraw his administration’s lawsuit against recently finalized federal biological opinions.

Initially, Rep. McCarthy and his colleagues sent an April 7 letter to California Democratic Gov. Gavin Newsom requesting that his administration withdraw its lawsuit and issue a consistency determination under the California Endangered Species Act to ensure the State Water Project (SWP) and Federal Central Valley Project (CVP) would be operated in a coordinated manner.

“Unfortunately, not only have we not received a response to our letter, but your administration is now doubling down on its ill-conceived course of action by seeking a preliminary injunction to halt implementation of the new federal biological opinions and to apply the California Endangered Species Act to operations of the CVP,” wrote Rep. McCarthy and the members, who included U.S. Reps. Ken Calvert (R-CA) and Paul Cook (R-CA), in a May 6 letter sent to Newsom.

If successful, the lawmakers noted that the preliminary injunction being pursued by the Newsom administration could deny tens of millions of Californians, including those who live in the San Francisco Bay Area, Los Angeles, the Inland Empire, and San Diego, with the water they depend upon.

“It will also deny the water needed to keep the fertile San Joaquin Valley producing the agricultural products that we all eat, ultimately jeopardizing a keystone in our nation’s food supply,” according to their letter. “While our constituents battle the novel coronavirus and psychological strain of the stay at home order, the last thing they should be worried about is not receiving the water they contract and pay for because of your administration’s actions.”

Rep. McCarthy and the members again urged Newsom to instead issue a consistency determination under the California Endangered Species Act to enable coordinated operations of the SWP and CVP.

“Without changing course,” wrote Rep. McCarthy and his colleagues, “your administration’s actions will ensure years of litigation and water supply uncertainty.”