California Court of Appeal
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