Monterey Coastkeeper v. Central Coast Reg. Wat. Quality Control Bd.

Filed 2/10/22; Certified for Publication 3/7/22 (order attached)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ----

MONTEREY COASTKEEPER et al., C090943

Plaintiffs and Appellants, (Super. Ct. No. 34-2017- 80002655-CU-WM-GDS) v.

CENTRAL COAST REGIONAL WATER

QUALITY CONTROL BOARD et al.,

Defendants and Respondents.

Can a court, in an action for traditional mandamus and declaratory relief, in effect order the state and local water boards to comply with the law as it pertains to water permits under the Porter-Cologne Water Quality Control Act (Wat. Code, 1 § 13000 et seq. (Porter-Cologne Act))? In this case, the answer is no.

Undesignated statutory references are to the Water Code.

1 Appellants Monterey Coastkeeper (Coastkeeper) and others are dissatisfied with how the respondent State Water Resources Control Board (State Board) and the regional water boards, including respondent Central Coast Regional Water Quality Control Board (Central Coast Board), control water pollution resulting from agricultural runoff through the permitting process. Appellants filed an…