Go to main contentsGo to main menu
Saturday, October 3, 2026 at 5:11 AM

Judge sets Feb. 22 deadline for additional filings in canal case

Judge sets Feb. 22 deadline for additional filings in canal case

Robert Perea, The Fernley Reporter

U.S. District Court Judge Miranda Du has set a February 22 deadline for additional filings regarding the City of Fernley’s petition asking her to reconsider her decision to dismiss the city’s lawsuit against the lining of the Truckee Canal.

On December 13, Du issued a ruling dismissing the City’s lawsuit against the Bureau of Reclamation seeking to stop the lining of a portion of the Truckee Canal through Fernley with concrete. In her dismissal ruling, Du said the City doesn’t have standing in the case because its interest in the case is economic, not environmental.

The City of Fernley filed a Motion to Amend on January 10, arguing that Fernley has legitimate claims under federal and state law.

“There is no question that the Truckee Canal Extraordinary Maintenance Project will cause harm

to the Fernley groundwater aquifer and the citizens who rely on it,” the City argues in its motion.

The City cites Churchill County vs. Babbitt, a case where Churchill County and the City of Fallon were plaintiffs attempting to stop a federal project, and the Ninth Circuit Court of Appeals ruled that Churchill County and Fallon’s interest falls within preventing harm to the environment.

“Fernley’s interest in the environmental health of its water supply (the Fernley groundwater aquifer) is, therefore, the same as the interest asserted by both Churchill County and the City of Fallon – that of a municipal entity charged with safeguarding the lands and environment within its boundaries and protecting the health, safety, and welfare of its citizens,” the City’s motion reads.

Fernley is asking that Du allow it to amend its original Motion to Dismiss to address the environmental harms the city alleges.

The Bureau of Reclamation filed an Opposition to Plaintiff’s Motion, in which it argues that the City does not present any newly discovered evidence or intervening case law, and have not shown any clear error of law or manifest injustice. The BOR’s motion said motions to amend should only be granted in “highly unusual circumstances” and cites several cases where such motions were denied.

The BOR’s Opposition asserts that “Plaintiffs wrongly claim that the Court committed clear error and that its December 13 Order was manifestly unjust,” and that Fernley has not shown that the Court made any errors of law in dismissing its complaint.


Share
Rate

Comment

Comments

COMMENTS
Comment author: PFB Comment text: Why can't you guys find competent contractors.. For a large municipal facility like the indoor-outdoor Fernley Swimming Pool located at 300 Cottonwood Lane, a complete ground-up commercial build or major structural renovation typically spans 6 to 12 months or longer when factoring in large-scale engineering, public municipal permitting, specialized commercial HVAC/roofing, and health department inspections. The current renovation has been- The Fernley Swimming Pool has been closed for approximately six to seven months since late February 2026 for a major roof replacement and facility renovation. Now you sat October. Soooo 8 months for a new roof. The picture shows no other renovations. Comment publication date: 9/17/26, 7:14 PM Comment source: Electrical problem delays Fernley pool opening Comment author: P Comment text: Relative of the Mayor is to over see this site. Anyone who knows Fernley KNOWS this is more of the who you are related to and know business in this town. VOTE THEM ALL OUT AND THE CALIFORNIA TRANSPLANTS. Comment publication date: 9/16/26, 10:31 PM Comment source: Lift Station Failure Released Untreated Sewage Comment author: Christopher Walsh Comment text: Could you look into the strong recurring smell around Fernley? It smells like sewage and it can be bad enough that people don’t want to be outside or open their windows. It would be helpful to get an investigative journalist help the Fernley residents get a clear answer from the City, NDEP, and any involved facilities. I was really disappointed that the smell was not disclosed by my realtor when I moved here. I enjoy Fernley and am seeing the improvements that are being made. With Appreciation Comment publication date: 9/12/26, 2:49 PM Comment source: Sewage spill near City of Fernley Municipal Well 9 Comment author: Alicia Euresti Comment text: We are all so blessed to have Pastor Matt and Mrs. Regina in this town. They have become a major part of pur family and our children adore them. Thank you both for all you do for qll of us. We love you!!!! Comment publication date: 9/6/26, 9:24 PM Comment source: Fascinating Fernley: Meet Your Neighbors at Living Faith Food Pantry Comment author: R Conley Comment text: Is the deputy receiving any additional training or reinforcing prior training? Comment publication date: 9/5/26, 10:08 AM Comment source: Inmate escapes from Fernley substation Comment author: Kayla Allen Comment text: Suzie was a wonderful woman. I was pleased to call her my "godmother" as she helped me to become a better version of myself. I think about her a lot. Comment publication date: 7/10/26, 8:31 PM Comment source: Susanne Lynn Foster