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Can a Responsible Agency Get A Second Bite At The CEQA Apple? First District Says "Sometimes, Yes," Upholds Regional Water Board's Imposition of Additional Mitigation On Flood Control Project Through "Independent" Porter-Cologne Act Authority Exercised Subsequent To Grant Of CWA § 401 Water Quality Certification Based On Lead Agency's Unchallenged Final EIR | Miller Starr Regalia

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In a published opinion filed December 29, 2020, the First District Court of Appeal affirmed a judgment denying a petition for writ of mandate filed by the Santa Clara Valley Water District (District) challenging waste discharge requirements (WDRs) belatedly imposed by a responsible agency, the San Francisco Bay Regional Water Quality Control Board (Board), on lead agency District’s flood control project.
Santa Clara Valley Water District v. San Francisco Bay Regional Water Quality Control Board (2020) Cal.App.5th . The case involved highly unique facts, and a number of interesting legal issues concerning the Board’s authority under the Federal Clean Water Act (CWA), the state Porter-Cologne Act, and CEQA. ....

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