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Monterey Coastkeeper v. Monterey County Water Resources Agency

ELR Citation: 47 ELR 20159
Nos. H042623, (Cal. Ct. App., 12/05/2017)

A California appellate court reversed a lower court's judgment that directed a state water resources agency to file a report of waste discharges in violation of the state water quality law. An environmental organization alleged that the agency failed to institute measures to mitigate the flow of contaminated agricultural wastewater from adjacent farmland into a local river via a drainage ditch. They sought a writ of mandamus to compel the agency to file a report of the waste discharge. The agency argued that plaintiffs' request should be denied as they had not exhausted their administrative remedies. The appellate court agreed, holding that state law provides an adequate and mandatory administrative remedy. The case was remanded and the lower court was directed to enter a judgment denying the petition.