L.A. Waterkeeper v. State Water Resources Control Bd.
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The Regional Water Quality Control Board, Los Angeles Region (Regional Board) renewed permits allowing four publicly owned treatment works (POTWs) to discharge millions of gallons of treated wastewater daily into the Los Angeles River and Pacific Ocean. The Regional Board issued the permits over the objections of Los Angeles Waterkeeper (Waterkeeper). Waterkeeper sought a review of the permits before the State Water Resources Control Board (State Board), and the State Board declined to review. Waterkeeper then filed petitions for writs of mandate against the State and Regional Boards (collectively, the Boards). Waterkeeper further alleged the Regional Board issued the permits without making findings required under the California Environmental Quality Act (CEQA). The trial court issued four judgments and four writs of mandate directing the State Board to evaluate whether the discharges from each of the four POTWs were reasonable and to develop a factual record to allow for judicial review of whatever decision the State Board reached.
The Second Appellate District affirmed the trial court’s judgments in favor of the Boards and reversed judgments and writs of mandate against State Board. The court agreed with the trial court that the Regional Board had no duty to evaluate the reasonableness of the POTWs’ discharges when issuing the permits. The Regional Board’s purview is water quality, not reasonable use, and the Legislature has not authorized the Regional Board to determine whether a POTW’s discharges could be put to better use. The court further held that Waterkeeper has not adequately pleaded entitlement to mandamus against the State Board, and the trial court should have sustained the State Board’s demurrer.
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