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KARUK TRIBE OF NORTHERN CALIFORNIA v. CALIFORNIA REGIONAL WATER QUALITY CONTROL BD., NORTH COAST REGION

Nos. A124351, A124369, A124370.

183 Cal.App.4th 330 (2010)

KARUK TRIBE OF NORTHERN CALIFORNIA et al., Plaintiffs and Appellants, v. CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD, NORTH COAST REGION, Defendant and Respondent; PACIFICORP, Real Party in Interest and Respondent. KARUK TRIBE OF NORTHERN CALIFORNIA et al., Plaintiffs and Respondents, v. CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD, NORTH COAST REGION, Defendant and Appellant; PACIFICORP, Real Party in Interest and Respondent. KARUK TRIBE OF NORTHERN CALIFORNIA et al., Plaintiffs and Respondents, v. CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD, NORTH COAST REGION, Defendant and Respondent; PACIFICORP, Real Party in Interest and Appellant.

Court of Appeals of California, First District, Division Two.

March 30, 2010.

Attorney(s) appearing for the Case

Lozeau Drury, Michael R. Lozeau, Richard T. Drury and David A. Zizmor for Plaintiffs and Appellants and for Plaintiffs and Respondents.

Edmund G. Brown, Jr., Attorney General, Mary Hackenbracht, Assistant Attorney General, and John Davidson, Deputy Attorney General, for Defendant and Appellant and for Defendant and Respondent.

Latham & Watkins, Karl S. Lytz and Andrea H. Hogan for Real Party in Interest and Appellant and for Real Party in Interest and Respondent.

OPINION

RICHMAN, J.—

These three appeals are the result of a rather unusual combination of administrative and judicial proceedings to determine whether state law regulating water quality can be applied to dams licensed by an agency of the federal government. A number of private parties asked the California Regional Water Quality Control Board, North Coast Region (Board), to enforce California...

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