Calexico CA Court Case News Articles

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SignOnSanDiego.com > News > Mexico > Tijuana & The Border -- Calexico asks court t... Page 1 of 2 Snn i* com THE BAN UE301MION,TWOUNE Ik More_ rii-pa na_news Calexico asks court to reconsider decision on lining canal By Sandra Dibble UNION - TRIBUNE 1:03 p.m. May 22, 2007 With Colorado River water users on both sides of the border watching intently, Calexico is taking center stage in a lengthy legal dispute over a plan to line the All- American Canal in Imperial County. The city of 40,000 residents, which opposes the lining, is asking the 9th U.S. Circuit Court of Appeals to reconsider its April decision to allow the project to go forward. In a petition for rehearing filed late Monday, the city said "its arguments and interests appear not to have been fully considered by this court." The city, which is heavily dependent on commerce with Mexicali, has argued that it would be harmed environmentally and economically by the lining of a 23 -mile segment of the All- American Canal. The canal runs through the city, which has a population that is 95 percent Latino and "the lowest per capita income of any city in California," the petition states. Its residents "are allowed to the same protection under the Constitution and environmental laws as other U.S. citizens." Calexico is part of a cross - border coalition has been fighting in U.S. federal court since 2005 to have the lining project canceled. The group includes two California environmental organizations and the Mexicali Economic Development Council, which alleges farmers in the Mexicali Valley would lose a critical water supply if the project goes forward. Proponents of the project see it as the linchpin of an agreement ordered by the U.S. Department of Interior requiring California to reduce its draw on the Colorado River. The water carried in the canal, lining proponents say, is part of California's allotment of river water. Construction is set to begin early next month, according to the San Diego County Water Authority, which is splitting the cost of the $297 million project with the state of California. "The argument was made and rejected before," said Daniel Hentschke, general counsel for the San Diego County Water Authority. "We don't believe it has any merit." The 9th Circuit's ruling in April relied on legislation passed by Congress as part of the Tax Relief and Health Care Act of 20o6, which included a rider ordering the All- American Canal lining to be completed "without delay." "The city of Calexico does not believe this is an appropriate construction of the rider," the city's petition states. The city is prepared to appeal the issue to the U.S. Supreme Court, according to the petition. "There are many different tactics that we're considering," Calexico City Attorney Jennifer Lyon, said. "This is the first of a few that will be coming about." Calexico has hired a large Washington D.C. -based law firm, Mayer, Brown, Rowe & Maw, to represent it in the dispute. Footing the legal bills is the Mexicali Economic Development Council, the Mexican business group that has spearheaded opposition to the lining. The city "has only a limited amount of resources in battles that they want to fight," Lyon said. "My council has their own minds, and makes their own decisions. They're the ones in control of this litigation." http : / /slgnonsandiego.printthis. clickability. com /pt /cpt ?action =cpt &title= SignOnS anDlego.... 5/23/2007