City of Arcadia v. State Water Resources Control Board

This case concerns the construction and application of the federal Clean Water Act of 1977 (Clean Water Act; 33 U.S.C. § 1251 et seq.) and the Porter-Cologne Water Quality Control Act (Porter-Cologne Act; Wat. Code, § 13000 et seq.; unless otherwise stated, all further statutory references are to the Water Code).

The superior court entered a judgment issuing a writ of mandate that vacated a resolution by defendant California Regional Water Quality Control Board, Los Angeles Region (Regional Board) after it completed a periodic review of its water quality control plan. The judgment further directed Regional Board to either reopen the prior review proceeding or, during its next scheduled periodic review, conduct a public hearing on the plan’s water quality objectives applicable to storm water or urban runoff and, if necessary, revise those objectives in light of the factors listed in sections 13000 and 13241 of the Porter-Cologne Act. In addition, the court barred Regional Board from basing its water quality objectives on “potential” beneficial uses of water bodies covered by the water quality control plan. However, in so ruling the trial court allowed defendants to…