In a published opinion filed October 17, 2025, the Third District Court of Appeal reversed the trial court’s preliminary injunction orders in five related actions prohibiting preconstruction geotechnical work to be undertaken by the Department of Water Resources (“DWR”) in connection with the Delta tunnel project (formally known as the “Delta Conveyance Project”). The Court of Appeal held the trial court erred in interpreting a provision of the Sacramento-San Joaquin Delta Reform Act of 2009 (the “Delta Reform Act” or “Act”; Wat. Code, §85000 et seq.), requiring state agencies to certify to the Delta Stewardship Council that “covered actions” (as statutorily defined) are consistent with the Delta Plan before implementing them. (the “certification of consistency” requirement; id., §85225). Specifically, it rejected plaintiffs’ arguments that the certification of consistency requirement “incorporated” CEQA’s “piecemealing” and “whole of an action” concepts so as to render the proposed preconstruction geotechnical work, which is not a “covered action,” inseparable from the relevant “covered action” – i.e., the Delta tunnel project – and thus unable to proceed absent a certification of consistency. Tulare Lake Basin Water Storage District, et al v. Department of Water Resources (2025) 115 Cal.App.5th 342. Finding plaintiffs had thus failed to demonstrate a reasonable probability of prevailing on the merits of their action, the Court of Appeal accordingly remanded the matters to the trial court with directions to vacate the preliminary injunction orders and reconsider plaintiffs’ motions in light of its conclusion that DWR was not required to submit a certificate of consistency to the Delta Stewardship Council before engaging in preconstruction geotechnical work.