RECENT CALIFORNIA DECISIONS

March 2008

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Fourth District Court Removes Procedural Hurdle to Water Quality Litigation
Schutte & Koerting, Inc. v. California Regional Water Quality Control Bd., San Diego Region, ___Cal.App.4th___

On January 16, 2008, the Court of Appeal for the Fourth Appellate District, Division 1 held that a party need not request or obtain a hearing before a Regional Water Quality Control Board (Regional Board) before seeking review from the State Water Resources Control Board (State Board) and, ultimately, the court. This decision clarifies the procedural requirements that must be satisfied before a party can seek judicial review of a Regional Board order.