Carrancho

In 1991 the Legislature enacted a statutory scheme to phase down the practice of burning rice straw left over after harvest and to develop alternative uses for the straw. These alternatives failed to materialize as hoped, and growers had to incorporate almost all of the straw back into the soil, a practice that was costly and contributed to the incidence of rice disease. In 1997 the Legislature amended the statute to suspend until 2000 the gradual reduction in the amount of straw burned. As part of the amendment, state agencies responsible for managing the phasedown were required to develop a plan to divert at least 50 percent of the straw to off-field uses by 2000 and to make a progress report in 1999 to the Legislature on, among other things, progress in achieving that goal.

The rice grower plaintiffs filed a petition for writ of mandate (Code Civ. Proc., § 1085), alleging that the diversion plan and progress report failed to comply with the statute. The petition was denied. Plaintiffs contend the trial court erred in failing to exercise its independent judgment in reviewing the plan and report. They also claim the plan and report were woefully deficient.

We disagree.…