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SURFRIDER FOUNDATION v. CALIFORNIA REGIONAL WATER QUALITY CONTROL BD.

No. D060382.

211 Cal.App.4th 557 (2012)

149 Cal. Rptr. 3d 763

SURFRIDER FOUNDATION, Plaintiff and Appellant, v. CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD, SAN DIEGO REGION, Defendant and Respondent. POSEIDON RESOURCES (CHANNELSIDE), LLC, et al., Real Parties in Interest and Respondents.

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

November 30, 2012.

Attorney(s) appearing for the Case

Irell & Manella, Andra Barmash Greene and Bradley J. Leimkuhler for Plaintiff and Appellant.

Kamala D. Harris , Attorney General, Kathleen A. Kenealy , Assistant Attorney General, Helen G. Arens and Daniel M. Lucas , Deputy Attorneys General, for Defendant and Respondent.

Latham & Watkins, Christopher W. Garrett , Paul N. Singarella , Jeffrey P. Carlin and Lauren B. Ross for Real Parties in Interest and Respondents Poseidon Resources (Channelside), LLC, Poseidon Resources Corporation and Poseidon Water LLC.

Allen, Matkins, Leck, Gamble, Mallory & Natsis, Jan S. Driscoll and Heather S. Riley for Real Parties in Interest and Respondents City of Carlsbad, Carlsbad Municipal Water District and Vallecitos Water District.

Ronald R. Ball , City Attorney, for Real Parties in Interest and Respondents City of Carlsbad and Carlsbad Municipal Water District.

Sheppard, Mullin, Richter & Hampton and Dana J. Dunwoody for Real Party in Interest and Respondent Cabrillo Power I LLC.

Best, Best & Krieger, Melissa W. Woo and James B. Gilpin for Real Parties in Interest and Respondents Sweetwater Authority, Valley Center Municipal Water District, Santa Fe Irrigation District, Olivenhain Municipal Water District, Rincon del Diablo Municipal Water District and Rainbow Municipal Water District.

OPINION

IRION, J. —

Surfrider Foundation (Surfrider) appeals from the trial court's denial of its petition for a writ of mandamus challenging the approval of the National Pollutant Discharge Elimination System (NPDES) permit by the California Regional Water Quality Control Board, San Diego Region (the Regional Board), for a desalination facility that Poseidon Resources (Channelside), LLC (Poseidon), plans to build on the coast in Carlsbad...

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