Supreme Court of California
Voices of the Wetlands v. State Water Resources Control Bd., S160211
In a dispute arising from an administrative mandamus proceeding challenging defendant's issuance of a cooling water intake permit to real-parties-in-interest, judgment of the trial court is affirmed where: 1) it had jurisdiction over mandamus action; 2) it properly denied mandamus after determining that the additional evidence and analysis considered by the Board on remand supported the Board's reaffirmed finding; and 3) the Board properly utilized a "wholly disproportionate" cost-benefit standard, to conclude that the subject, existing cooling water intake design, as upgraded to accommodate plant expansion, reflected the best technology available for minimizing adverse environmental impact.
Appellate Information
- Decided 08/15/2011
- Published 08/15/2011
Judges
- BAXTER
Court
- Supreme Court of California