California Court of Appeal

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California Ass'n of Sanitation Agencies v. State Water Res. Control Bd., A127207

In a petition for writ of mandate, brought by sanitation agencies and a city, challenging the actions of the California Regional Water Quality Control Board for the Central Valley Region (Regional Board) and the State Water Resources Control Board (State Board), claiming that the beneficial use designations in the Water Quality Control Plan for the Sacramento and San Joaquin River Basins are unlawful, and that the Basin Plan unlawfully incorporates by reference standards and criteria adopted by other agencies, trial court's denial of the petition is affirmed where: 1) petitioners' challenge to the use designations of the waters bodies at issue is rejected, and where there is evidence that the beneficial use designated is not feasibly attainable, it is the agency's obligation to undertake the actions necessary to ascertain and designate the appropriate beneficial uses; and 2) the prospective changes in the drinking water standards promulgated by the DHS were properly incorporated by reference, as was the Basin Plan's provision that persistent chlorinated hydrocarbon pesticides not be present at concentrations detectable within the accuracy of analytical methods approved by the Regional Board's executive officer.

Appellate Information

  • Decided 08/30/2012
  • Published 08/30/2012

Judges

  • Rivera

Court

  • California Court of Appeal

Counsel