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CALIFORNIA BUILDING INDUSTRY ASSN. v. STATE WATER RESOURCES CONTROL BD.

No. S226753.

4 Cal.5th 1032 (2018)

CALIFORNIA BUILDING INDUSTRY ASSOCIATION, Plaintiff and Appellant, v. STATE WATER RESOURCES CONTROL BOARD, Defendant and Respondent.

Supreme Court of California.

May 7, 2018.

Attorney(s) appearing for the Case

Rutan & Tucker and David P. Lanferman for Plaintiff and Appellant.

Somach Simmons & Dunn, Theresa A. Dunham and Daniel Kelly for The California Dairy Campaign, The Milk Producers Council and Western United Dairymen as Amici Curiae on behalf of Plaintiff and Appellant.

Kamala D. Harris and Xavier Becerra , Attorneys General, Paul D. Gifford , Robert W. Byrne and Diane Spencer Shaw , Assistant Attorneys General, Gavin G. McGabe , Molly K. Mosley , Robert E. Asperger and Tiffany Yee , Deputy Attorneys General, for Defendant and Respondent.

OPINION

Here, we address three questions: (1) whether a two-member vote by the State Water Resources Control Board (Board), approving a permit fee schedule under Water Code1 section 13260, effectively adopted the fee schedule; (2) whether the Board violated requirements of subdivision...

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