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KELSOE v. CAL. WATER RESOURCES CONTROL BD.

No. A113967.

63 Cal.Rptr.3d 156 (2007)

153 Cal.App.4th 569

Murray KELSOE, Plaintiff and Appellant, v. CALIFORNIA STATE WATER RESOURCES CONTROL BOARD, Defendant and Respondent.

Court of Appeal of California, First District, Division One.

July 20, 2007.

Attorney(s) appearing for the Case

Silicon Valley Law Group, Jeffrey S. Lawson, San Jose, for Plaintiff and Appellant.

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Mary E. Hackenbracht, Senior Assistant Attorney General, John Davidson, Supervising Deputy Attorney General, Michael W. Neville, Deputy Attorney General, for Defendant and Respondent.

Peter J. Niemiec; Downey Brand, Steven H. Goldberg, Nicole E. Granquist, Sacramento, for Southeast Towing and Salvage Inc. as Amicus Curiae on behalf of Plaintiff and Appellant.

Hinson & Gravelle, Douglas A. Gravelle, for Hinson & Gravelle as Amicus Curiae on behalf of Plaintiff and Appellant.

MARCHIANO, P.J.

In this case we construe Health and Safety Code section 25299.57 (section 25299.57), which defines eligibility for a state-sanctioned fund for reimbursement of cleanup costs related to leaks from underground storage tanks (USTs).

Plaintiff Murray Kelsoe sought a writ of mandate in the trial court to set aside a decision of defendant California State Water Resources Control Board (Board) declaring...

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