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Schuette & Koerting, Inc. v. Regional Water Quality Control Bd.

ELR Citation: 38 ELR 20018
Nos. No. D048830, (Cal. App. 4th Dist., 12/20/2007)

A California appellate court reversed a lower court decision denying a petition to set aside a regional water board order requiring a company to perform a human health risk assessment in connection with its cleanup of a large toxic groundwater plume of industrial wastes that leaked into the ground at an aerospace manufacturing facility the petitioner once owned and operated. The company unsuccessfully challenged the order before the state board. It then filed a petition before the state court. The court denied the petition on the ground that the regional board did not hold an administrative hearing relating to the challenged human health risk assessment order. However, a party who is aggrieved by a final decision or order of a regional board, and who has exhausted its administrative remedies before the state board and has acted within the time limits specified in that section, may obtain judicial review without seeking or obtaining a hearing before the regional board.