Summary Adjudication Motion.pdf

Sierra Club and Owens Valley Committee submit a Separate Statement of Undisputed Material Facts in support of their Motion for Summary Adjudication against the City of Los Angeles, Los Angeles Department of Water and Power, and others. The case involves the Lower Owens River Project (LORP) and compliance with the 1997 Memorandum of Understanding (MOU) and the California Environmental Quality Act (CEQA). Key facts include:

1. The City and DWP constructed a second aqueduct in 1970, which led to significant environmental impacts in Inyo County due to increased groundwater pumping.
2. The County sued the City and DWP under CEQA in 1972, resulting in a court order to prepare an Environmental Impact Report (EIR).
3. The City and DWP issued EIRs in 1976 and 1979, but they were found not to be in compliance with CEQA.
4. The 1997 MOU required the City and DWP to release a draft EIR for the LORP, present a final EIR, and commence flows of 40 cfs in the lower Owens River by June 13, 2003.
5. The MOU specified requirements for the LORP Ecosystem Management Plan, including goals, timeframe, and specific actions.
6. The LORP aims to establish a healthy and functioning Lower Owens River riverine-riparian ecosystem, with diverse natural habitats for specified habitat indicator species.

The statement supports the plaintiffs' motion, citing various court decisions, declarations, and exhibits as evidence.