Property Law Keyed to Cribbet
National Audubon Society v. Superior Court
Facts
Mono Lake is a saline lake that contains no fish but supports a large number of brine shrimp that feed vast numbers of nesting and migrating birds. The lake receives some of its water from rain and snow on the lake surface, but is mostly fed by water flowing from five streams: Mill, Lee Vining, Walker, Parker, and Rush creeks. These creeks are fed by snowmelt from the Sierra Nevada mountains. In 1940, the Division of Water Resources, predecessor to the California Water Resources Board, granted to the Department of Water and Power for the City of Los Angeles (DWP) a permit to appropriate the entire flow of four out of the five streams flowing into the lake. DWP constructed the facilities to divert the flow of the streams into the Owens Valley aqueduct. In 1970, DWP constructed another diversion tunnel, which handled nearly the entire flow of the streams. As the result of the diversions the level of the lake has dropped and the surface area has diminished by one-third. One of th e two principal islands of the lake has been turned into a peninsula, which allows predators to get access to the birds. The scenic and ecological value of the lake has been impaired. Plaintiffs filed suit to enjoin the DWP diversions on the theory that the lake is protected by a public trust.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.