DEPARTMENT OF FINANCE v. COMMISSION ON STATE MANDATES

No. B292446.

59 Cal.App.5th 546 (2021)

273 Cal. Rptr. 3d 619

DEPARTMENT OF FINANCE et al., Plaintiffs and Respondents, v. COMMISSION ON STATE MANDATES, Defendant and Respondent; COUNTY OF LOS ANGELES et al., Real Parties in Interest and Appellants. COUNTY OF LOS ANGELES et al., Cross-complainants and Appellants, v. COMMISSION ON STATE MANDATES, Cross-defendant and Respondent; DEPARTMENT OF FINANCE et al., Cross-Real Parties in Interest and Respondents.

Court of Appeals of California, Second District, Division One.

January 4, 2021.


Attorney(s) appearing for the Case

Mary C. Wickham , County Counsel, Robert C. Cartwright , Assistant County Counsel, and Michael S. Simon , Deputy County Counsel, for Real Party in Interest, Cross-complainant and Appellant County of Los Angeles.

Burhenn & Gest, David Burhenn and Howard Gest for Real Parties in Interest, Cross-complainants and Appellants County of Los Angeles, City of Bellflower, City of Carson, City of Commerce, City of Downey and City of Signal Hill.

Karl H. Berger , City Attorney, and Timothy E. Campen , Deputy City Attorney, for Real Party in Interest, Cross-complainant and Appellant City of Bellflower.

Best Best & Krieger, Shawn D. Hagerty and Rebecca Andrews for County of San Diego, Cities of Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, Escondido, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Marcos, Santee, Solana Beach and Vista as Amici Curiae on behalf of Real Parties in Interest, Cross-complainants and Appellants.

Thomas E. Montgomery , County Counsel (San Diego), and Christina Snider , Deputy County Counsel, for California State Association of Counties as Amicus Curiae on behalf of Real Parties in Interest, Cross-complainants and Appellants.

Meyers, Nave, Riback, Silver & Wilson, Gregory J. Newmark and Bryan K. Brown for Alameda Countywide Clean Water Program as Amicus Curiae on behalf of Real Parties in Interest, Cross-complainants and Appellants.

Somach Simmons & Dunn, Theresa A. Dunham and Roberta Larson for California Stormwater Quality Association as Amicus Curiae on behalf of Real Parties in Interest, Cross-complainants and Appellants.

Xavier Becerra , Attorney General, Thomas S. Patterson , Assistant Attorney General, Tamar Pachter , Anthony R. Hakl , Nelson R. Richards and Ryan A. Hanley , Deputy Attorneys General, for Plaintiffs, Cross-Real Parties in Interest and Respondents Department of Finance, State Water Resources Control Board and Regional Water Quality Control Board, Los Angeles Region.

No appearance for Defendant, Cross-defendant and Respondent Commission on State Mandates.


OPINION

The Regional Water Quality Control Board, Los Angeles Region (the Regional Board), issued a permit authorizing the County of Los Angeles (the County) and certain cities (collectively, the Operators) to operate stormwater drainage systems. The permit requires the Operators (1) to install and maintain trash...

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