California Court of Appeal

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Surfrider Found. v. California Reg'l Water Quality Control Bd., D060382

Trial court's denial of plaintiff's petition for a writ of mandamus challenging the approval of the National Pollutant Discharge Elimination System (NPDES) permit by the California Regional Water Quality Board (Board) for plans to build a desalination facility on the coast in Carlsbad California, is affirmed where: 1) the minimization plan does not adopt mitigation in lieu of other measures; 2) the Board properly included the mitigation measures as described in the marine life mitigation plan as part of the minimization plan to comply with section 13142.5(b); and 3) plaintiff's challenge to the Board's analysis lacks merit.

Appellate Information

  • Decided 11/30/2012
  • Published 11/30/2012

Judges

  • Irion

Court

  • California Court of Appeal

Counsel