DEPARTMENT OF FINANCE v. COMMISSION ON STATE MANDATES

No. B237153.

220 Cal.App.4th 740 (2013)

163 Cal. Rptr. 3d 439

DEPARTMENT OF FINANCE et al., Plaintiffs and Respondents, v. COMMISSION ON STATE MANDATES, Defendant and Respondent; COUNTY OF LOS ANGELES et al., Real Parties in Interest and Appellants.

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

October 16, 2013.


Attorney(s) appearing for the Case

Burhenn & Gest, Howard Gest and David W. Burhenn for Real Parties in Interest and Appellants County of Los Angeles, City of Bellflower, City of Carson, City of Commerce, City of Covina, City of Downey and City of Signal Hill.

John F. Krattli , County Counsel, and Judith Fries , Principal Deputy County Counsel, for Real Party in Interest and Appellant County of Los Angeles.

Somach Simmons & Dunn, Theresa A. Dunham , Nicholas A. Jacobs ; Morrison & Foerster, Robert L. Falk ; Pamela J. Walls , County Counsel (Riverside), Karin Watts-Bazan , Prinicpal Deputy County Counsel; Meyers Nave Riback Silver & Wilson and Gregory J. Newmark for California Stormwater Quality Association, Santa Clara Valley Urban Runoff Pollution Prevention Program, Riverside County Flood Control and Water Conservation District, County of Riverside, the Alameda Countywide Clean Water Program, and City/County Association of Governments of San Mateo County as Amici Curiae on behalf of Real Parties in Interest and Appellants.

Andrew R. Henderson for Building Industry Legal Defense Foundation as Amicus Curiae on behalf of Real Parties in Interest and Appellants.

Kamala D. Harris , Attorney General, Douglas J. Woods , Assistant Attorney General, Peter K. Southworth and Kathleen A. Lynch , Deputy Attorneys General, for Plaintiffs and Respondents.

No appearance for Defendant and Respondent.


OPINION

JOHNSON, J.

In December 2001, the California Regional Water Quality Control Board, Los Angeles Region (Regional Board), issued a municipal stormwater sewer permit (Permit) to real parties in interest Los Angeles County and designated cities within the county, including the cities of Bellflower, Carson, Commerce, Covina, Downey and Signal Hill (collectively County). The Permit...

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