ENVIRONMENTAL LAW FOUNDATION v. STATE WATER RESOURCES CONTROL BD.

No. C093513.

89 Cal.App.5th 451 (2023)

ENVIRONMENTAL LAW FOUNDATION, Plaintiff and Appellant, v. STATE WATER RESOURCES CONTROL BOARD, Defendant and Respondent; EAST SAN JOAQUIN WATER QUALITY COALITION, Real Party in Interest and Respondent; SAN JOAQUIN COUNTY RESOURCE CONSERVATION DISTRICT et al., Interveners and Respondents. PROTECTORES DEL AGUA SUBTERRANEA, Plaintiff and Appellant, v. STATE WATER RESOURCES CONTROL BOARD, Defendant and Respondent; CENTRAL VALLEY REGIONAL WATER QUALITY CONTROL BOARD et al., Real Parties in Interest and Respondents; SAN JOAQUIN COUNTY RESOURCE CONSERVATION DISTRICT et al., Interveners and Respondents. MONTEREY COASTKEEPER et al., Plaintiffs and Appellants, v. STATE WATER RESOURCES CONTROL BOARD et al., Defendants and Respondents; EAST SAN JOAQUIN WATER QUALITY COALITION et al., Interveners and Respondents.

Court of Appeals of California, Third District, Sacramento.

March 17, 2023.


Attorney(s) appearing for the Case

James R. Wheaton , Lowell Chow and Nathaniel H. Kane for Plaintiff and Appellant Environmental Law Foundation.

Leadership Counsel for Justice and Accountability, Michael K. Claiborne , and Phoebe S. Seaton for Plaintiff and Appellant Protectores del Agua Subterranea.

Deborah A. Sivas , Matthew J. Sanders , Stephanie L. Safdi ; Helen H. Kang , Lucas C. Williams ; California Rural Legal Assistance and Marisol F. Aguilar for Plaintiff and Appellant Monterey Coastkeeper.

Rob Bonta , Attorney General, Robert W. Byrne , Assistant Attorney General, Tracy L. Winsor , Evan Eickmeyer , Allison Goldsmith and Sierra Arballo , Deputy Attorneys General, for Defendant and Respondent State Water Resources Control Board and for Real Party in Interest and Respondent Central Valley Regional Water Quality Control Board.

Kahn, Soares & Conway and Theresa A. Dunham for Real Party in Interest and Respondent East San Joaquin Water Quality Coalition and for Intervener and Respondent Kings River Watershed Coalition Authority.

Spaletta Law and Jennifer L. Spaletta for Intervener and Respondent San Joaquin County Resource Conservation District.

Kari E. Fisher for Intervener and Respondent California Farm Bureau Federation.


OPINION

I. INTRODUCTION

The Central Valley is home to some of the most productive agricultural land in the nation. But some of the same practices that have made the Central Valley an agricultural powerhouse have also adversely impacted the region's water quality and environmental health. Runoff from irrigated...

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