Coastal Environmental Rights Found. v. Cal. Reg'l Water Quality Control Bd.

Good Law
12 Cal. App. 5th 178·2017 Cal. App. LEXIS 495·218 Cal. Rptr. 3d 596·2017 WL 2365316
Court of Appeal of CaliforniaMay 8, 2017D070171California8,075 words

Opinion

Lead Opinion

Huffman, J.

*180 This case concerns residual pollutant discharges from public fireworks displays over the waters of the United States within the jurisdiction of the California Regional Water Quality Control Board, San Diego *600 Region (the Regional Board), which includes a large portion of San Diego County, portions of south Orange County, and the southwestern portion *181 of Riverside County (San Diego Region). The Regional Board approved a National Pollutant Discharge Elimination System (NPDES) general permit for public displays of fireworks over the region's surface waters (the Fireworks Permit). Coastal Environmental Rights Foundation (CERF) appeals from the trial court's denial of its petition for writ of mandamus challenging the approval of the Fireworks Permit. CERF contends: (1) the trial court applied the wrong standard of review in denying its petition, (2) the Fireworks Permit violates federal law regarding water quality monitoring, and (3) the Fireworks Permit violates prohibitions in the State Water Resources Control Board's (the State Water Board) 2009 California Ocean Plan concerning discharges in areas of special biological significance (ASBS). We reject CERF's arguments and…

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