A Reputation For-Integrity And Excellence

A Reputation For-Integrity And Excellence

Voices of the Wetlands v. State Water Resources Control Bd.

On Behalf of | Aug 15, 2020 | Public Utilities

In a dispute arising from an administrative mandamus proceeding challenging defendant’s issuance of a cooling water intake permit to real-parties-in-interest, judgment of the trial court is affirmed where:

1) it had jurisdiction over mandamus action;

2) it properly denied mandamus after determining that the additional evidence and analysis considered by the Board on remand supported the Board’s reaffirmed finding; and

3) the Board properly utilized a “wholly disproportionate” cost-benefit standard, to conclude that the subject, existing cooling water intake design, as upgraded to accommodate plant expansion, reflected the best technology available for minimizing adverse environmental impact.