WATERSHED ENFORCERS v. Department of Water Resources

California’s Department of Water Resources (DWR), a state agency, operates a pumping system that results in the taking of three endangered or threatened species of fish. Watershed Enforcers (Watershed), a project of the California Sportfishing Protection Alliance, a nonprofit corporation, filed a petition for writ of mandate to compel DWR to stop taking the fish species without permit authority under the California Endangered Species Act (CESA) (Fish & G. Code, § 2050 et seq.). Appellants, three local water agencies, intervened in the mandate proceedings and argued CESA did not apply to DWR because it was not a “person” within the meaning of section 2080. The trial court rejected this argument, and went on to consider and reject DWR’s separate arguments against mandamus relief.

The trial court granted the writ petition. DWR appealed, but then complied with the trial court’s writ of mandate and dismissed its appeal. The interveners pursue their appeal, pressing their contention that a state agency is not a “person” for purposes of section 2080. Despite the appeal’s mootness, we reach the merits because the issue is one of general public interest which is likely to…