RECENT STATE DECISIONS

June 2010

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Sixth District Holds Adjudicated ‘Physical Solutions’ Limit a Local Agency’s Authority to Require Environmental Review of Water Usage
California American Water v. City of Seaside, 183 Cal. App.4th

The California Court of Appeal, Sixth Appellate District, has recently filed its opinion in the case of California American Water v. City of Seaside. The court was asked to review whether the Monterey Peninsula Water Management District’s (MPWMD) authority as a responsible agency under the California Environmental Quality Act (CEQA) to require further environmental review of a proposed project could be limited by a prior physical solution established by the court regarding permissible use of water in the Seaside Basin.