State Water Resources Control Board v. Office of Administrative Law

The State Water Resources Control Board (State Board) and the Regional Water Quality Control Board for the San Francisco Bay Region (Regional Board) appeal from a judgment insofar as it denied their petition for writ of mandate seeking to overturn a determination by the Office of Administrative Law (OAL). The Bay Planning Coalition, which had initiated the matter by seeking the OAL determination, cross-appeals from the judgment insofar as it denied the coalition declaratory and injunctive relief.

Factual and Procedural Background

The State Water Resources Control Board is responsible for the administration of California’s water resources. Under the Porter-Cologne Water Quality Control Act (Porter-Cologne Act) (Wat. Code, § 13000 et seq.), regional boards are to “establish such water quality objectives in water quality control plans as in [their] judgment will ensure the reasonable protection of beneficial uses and the prevention of nuisance.” (Wat. Code, § 13241.) The plans are then submitted to the State Board for approval. In August 1987, the Regional Board adopted certain amendments to the water quality control plan for the San Francisco Basin, including wetland…