Modification: Monterey Coastkeeper v. Central Coast Regional Water Quality Control Bd.

MONTEREY COASTKEEPER et al.,

Plaintiffs and Appellants,

v.

CENTRAL COAST REGIONAL WATER QUALITY CONTROL BOARD et al.,

Defendants and Respondents.

No. C090943

(Super. Ct. No. 34-2017-80002655-CU-WM-GDS)

California Court of Appeal

Third Appellate District

Filed March 28, 2022

ORDER MODIFYING OPINION

[NO CHANGE IN JUDGMENT]

APPEAL from a judgment granting a petition for writ of mandate of the Superior Court of Sacramento County, James P. Arguelles, Judge. Affirmed.

Environmental Law and Justice Clinic; Helen H. Kang, Lucas Williams, Deborah A. Sivas and Susann M. Bradford for Plaintiffs and Appellants, Monterey Coastkeeper, California Sportsfishing Protection Alliance, Environmental Justice Coalition for Water, Pacific Coast Federation of Fisherman's Associations, Institute for Fisheries Resources, California Coastkeeper Alliance, Santa Barbara Channelkeeper, Orange County Coastkeeper, and Inland Empire Waterkeeper.

California Rural Legal Assistance, Inc.; Marisol F. Aguilar; for Plaintiffs and Appellants, Fairmead Community and Friends and Planada En Acción.

Xavier Becerra, Attorney General, Robert W. Byrne, Senior Assistant Attorney General, Tracy L. Windsor, Supervising Deputy Attorney General, Taylor Rhodes, Sierra Arballo and Linda Gándara, Deputy Attorneys General for Defendants and Respondents, Central Coast Regional Water Quality Control Board, et al.

Kahn, Soares & Conway, Theresa A. Dunham, for East San Joaquin Water Quality Coalition; Spaletta Law; Jennifer Lynn Spaletta, for San Joaquin County Resource Conservation District, Kaweah Basin Water Quality Association, Tule Basin Water Quality Coalition, and California Farm Bureau Federation; Kari E. Fisher, for California Farm Bureau Federation as Amici Curiae on behalf of Defendants and Respondents

THE COURT:

It is ordered that the opinion filed herein on February 10, 2022, be modified as follows:

On page 1, line 2, change from "local water boards" to read "regional water boards."

On page 16, line 7, change from "local regional water boards" to read "regional water boards."

On page 17, line 18, change from "local and state boards" to read "regional and state boards."

On page 2, line 7, change reference from "13300" to read "13000 et seq."

On page 1, lines 2 to 3, and page 2, line 6, change references from "water permits" to read "waste discharge permits."

On page 4, lines 5 to 6, change from "The NPS Policy regulations require nonpoint source pollution control permits to include five mandatory key elements" to read "The NPS Policy regulations require nonpoint source control implementation programs to include five mandatory key elements."

On page 4, lines 19 to 20, change "challenged the State Board's 2017 Conditional Waiver" to read "challenged the Regional Board's 2017 Conditional Waiver."

On page 6, lines 2 to 4, change "The second cause of action related to the 2018 agricultural waste discharge permit issued by the Central Valley Regional Water Control Board (Central Valley Board) and the State Board's modification of the permit" to read "The second cause of action related to the 2012 agricultural waste discharge permit issued by the Central Valley Regional Water Quality Control Board (Central Valley Board) and the 2018 State Board's modification of the permit."

On page 7, lines 11 to 12, change "A permit for the Eastern San Joaquin Regional Board" to read "A permit for the Eastern San Joaquin River Watershed issued by the Central Valley Board."

On page 13, lines 7 to 8, change "State Board's 2018 Waste Discharge Requirements General Order No. RS-2012-0116, Order WQ 2018-002" to read "State Board's Order WQ 2018-0002."

Except for the modification set forth, the opinion previously filed remains unchanged.

The modification does not change the disposition.

BLEASE, J.

We concur:

RAYE, P.J.

HULL, J.