[env-trinity] Fw: Court decision against the Delta Tunnel financing is now final

[Tom Stokely]

Great news about the Delta Tunnel!
  ----- Forwarded Message ----- From: Dan Bacher <danielbacher53 at gmail.com>Sent: Sunday, April 26, 2026 at 09:35:34 AM PDTSubject: Court decision against the Delta Tunnel financing is now final
 https://www.dailykos.com/stories/2026/4/23/800026434/community/court-decision-against-the-delta-tunnel-financing-is-now-final-protecting-ratepayers-and-delta/  
Nimbus Dam on the American River, a tributary of the Sacramento River, during high flows. Photo by Dan Bacher.

Court decision against the Delta Tunnel financing is now final
by Dan Bacher

On Earth Day, the Delta Counties Coalition (DCC) announced a major legal victory that is now final after the California Supreme Court denied review of an appellate court decision rejecting the Newsom Administration’s attempt to finance the proposed Delta Tunnel project.
The Court also declined to depublish the ruling, “meaning it will stand as binding legal precedent going forward,” the Coalition pointed out in a statement.
The Coalition says the decision “ends the State Department of Water Resources’ (DWR) 2020 effort to validate billions of dollars in bonds for the project without clear legal authority. Courts at every level have thus far found that DWR exceeded its authority.”
“This is a clear and final win for the rule of law,” said Supervisor Pat Hume, Chair of the Delta Counties Coalition. “The State cannot sidestep legal safeguards to push forward a project of this size and cost. This decision reinforces that accountability and transparency still matter.”
The proponents of the project claim it would cost $20 billion, while project opponents say the tunnel would cost anywhere from $60 to $80 billion, according to economic experts.
California Governor Gavin Newsom and other proponents claim the Delta Conveyance Project (DCP) would serve the “coequal goals” of “water supply reliability and ecosystem restoration, while opponents say the project would actually hasten the extinction of Sacramento River winter and spring-run Chinook salmon, Delta and longfin smelt, green sturgeon and other fish species, as well as imperil Delta, Tribal and environmental justice communities.
“The Supreme Court’s decision not to disturb the prior opinion protects ratepayers and taxpayers from being forced to pay for a project without proper legislative authorization. It also raises new questions about how the project could move forward without a lawful funding plan,” the Coalition added.
Leaders from across the Delta Counties emphasized the importance of the decision for their communities.
“This ruling will help protect the water quality our residents depend on every day,” said Contra Costa County Supervisor Shanelle Scales-Preston. “Decisions that affect millions of people can’t be rushed or hidden—they must be made legally and transparently.”
In a similar vein, San Joaquin County Supervisor Steve Ding, observed, “The courts sent a strong message: no one is above the law or gets to rewrite the rules. If the State wants to move forward, it must follow the same laws and standards as everyone else.”
“This decision protects taxpayers from being locked into billions of dollars in costs without legitimate approval,” said Solano County Supervisor Mitch Mashburn. “That’s a safeguard every Californian should expect.”
 “The Delta cannot continue to absorb more risk from projects that bypass scrutiny and accountability,” Yolo County Supervisor Oscar Villegas concluded. “This ruling is an important victory for the Delta, our environment, and the communities who depend on it—and it reinforces that the law must be followed and respected.”
The Coalition said the proposed Delta Tunnel Conveyance Project would be one of the largest and most expensive infrastructure projects in California history. However, they pointed out that it “still lacks a clear, lawful funding plan.”
“The courts’ decisions make clear that the State cannot move forward using unauthorized financing, raising serious doubts about the project’s viability. Without a legal path to pay for it, Californians are left to question whether this project should move forward at all,” the Coalition added.
The Delta Counties Coalition urges the State to “focus on water solutions that are legally sound, fiscally responsible, and truly beneficial to California’s long-term water future.”
The Delta Counties Coalition, a consortium of five Delta Counties, including Contra Costa, Sacramento, San Joaquin, Solano, and Yolo, is working to give one voice to the Delta, advocating on behalf of local government and the 4 million people throughout the Delta region. 
 
  
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.dcn.org/pipermail/env-trinity/attachments/20260427/59e4a77a/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: Nimbus_Scenery Dec. 2016 JPG.JPG
Type: image/jpeg
Size: 416930 bytes
Desc: not available
URL: <http://mailman.dcn.org/pipermail/env-trinity/attachments/20260427/59e4a77a/attachment-0001.jpe>