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Garland v. Cent. Valley Reg'l Water Quality Control Bd., C067130

Trial court's denial of a petition for writ of administrative mandate, challenging a $250,000 administrative civil liability (ACL) order issued against petitioner by the Central Valley Regional Water Quality Control Board (Board) for permit violations of the Clean Water Act (Act), is affirmed where: 1) the order is authorized even under the Rapnos v. US view that most narrowly reads the Act's jurisdiction; and 2) in issuing the ACL order against petitioner, the Board found that the ephemeral drainages -- into which petitioner discharged the construction site stormwater runoff -- were tributaries to downstream navigable waters, and thus, these drainages themselves constituted "waters of the United States."

Appellate Information

  • Decided 10/24/2012
  • Published 10/24/2012

Judges

  • Butz

Court

  • California Court of Appeal

Counsel

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