California Court of Appeal

Trial court's judgment issuing a writ of mandate that vacated a resolution by defendant California Regional Water Quality Control Board after it completed a periodic review of its water quality control plan and related judgments are reversed where: 1) insofar as plaintiffs' action is limited to their challenge to the Board's resolution on the 2004 Triennial Review without addressing their requests concerning the validity of the water quality objective as well as the imposition of total maximum daily load (TMDL) under the current MS4 permit, it would appear to be timely; 2) the trial court erred in failing to give collateral estoppel effect to the first and second appellate court decisions concerning the application of section 13241 to the 2001 MS4 permit and the adoption of the trash TMDL; 3) absent a showing that defendants sought to impose water quality objectives exceeding what federal law required, plaintiffs cannot prevail; 4) the trial court erred in limiting the Board's exercise of its discretion in developing water quality objectives; and 5) the pending motions by intervenors and amici curiae are denied.

Appellate Information

• Decided 12/22/2010
• Published 12/22/2010

Judges

• RYLAARSDAM

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Richard Montevideo, Edmund G. Brown, Jr.