ARCADIA v. STATE WATER RESOURCES CONTROL BOARD









Filed 12/14/10 Certified for publication 12/22/10 (order attached)









IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

CITY OF ARCADIA et al., Plaintiffs and Appellants, v. STATE WATER RESOURCES CONTROL BOARD et al., Defendants and Appellants; NATURAL RESOURCES DEFENSE COUNCIL et al., Intervenors and Appellants.

G041545 (Super. Ct. No. 06CC02974) O P I N I O N

Appeals from a judgment of the Superior Court of Orange County, Thierry Patrick Colaw, Judge. Requests for judicial notice. Motion to strike portions of a brief. Judgment reversed. Requests denied. Motion denied.
Rutan & Tucker, Richard Montevideo and Peter J. Howell for Plaintiffs and Appellants.
Andrea Sheridan Ordin, County Counsel (Los Angeles), Judith A. Fries, Laurie E. Dodds, Deputy County Counsel; Burhenn & Gest, Howard Best and David W. Burhenn for County of Los Angeles and Los Angeles County Flood Control District as Amici Curiae on behalf of Plaintiffs and Appellants.
Downey Brand, Melissa A. Thorme; Archer Norris and Peter W. McGaw for California Association of Sanitation Agencies as Amicus Curiae on behalf of Plaintiffs and Appellants.
Aleshire & Wynder, David J. Aleshire and Wesley A. Miliband for League of California Cities, California Contract Cities Association and California State Association of Counties as Amici Curiae on behalf of Plaintiffs and Appellants.
Edmund G. Brown, Jr., Attorney General, Mary E. Hackenbracht, Assistant Attorney General, Jennifer F. Novak and Michael W. Hughes, Deputy Attorneys General for Defendants and Appellants State Water Resources Control Board and California Regional Water Quality Control Board, Los Angeles Region.
David S. Beckman, Michelle S. Mehta, and Noah J. Garrison for Intervenors and Appellants Natural Resources Defense Council, Santa Monica Baykeeper, and Heal The Bay.



This case concerns the construction and application of the federal Clean Water Act (Clean Water Act; 33 U.S.C. § 1251 et seq.) and the Porter-Cologne Water Quality Control Act (Porter-Cologne Act; Wat. Code, § 13000 et seq., unless otherwise stated, all further statutory references are to the Water Code).
The superior court entered a judgment issuing a writ of mandate that vacated a resolution by defendant California Regional Water Quality Control Board, Los Angeles Region (Regional Board) after it completed a periodic review of its water quality control plan. The judgment further directed the Regional Board to either reopen the prior review proceeding or, during its next scheduled periodic review, conduct a public
hearing on the plan's water quality objectives applicable to storm water or urban
runoff and, if necessary, revise those objectives in light of the factors listed in sections 13000 and 13241 of the Porter-Cologne Act. In addition, the court barred the Regional Board from basing its water quality objectives on â€