Bareilles v. State Water Resources Control Board et al.

Summary

The California Court of Appeal affirmed a judgment sustaining without leave to amend a demurrer to Kenneth M. Bareilles’s petition for writ of mandate. The court held that the State Water Resources Control Board’s discretionary decision under Water Code section 13320 not to review a regional board’s administrative civil liability order is not subject to judicial review. The court rejected Bareilles’s argument that this limitation violates California’s separation of powers doctrine.

Holdings

1. The State Water Resources Control Board's decision not to review a regional water board order on its own motion under Water Code section 13320 is not subject to judicial review. Judicial review under Water Code section 13330 concerns the regional board's order, not the State Board's discretionary decision to decline review.
2. Precluding judicial review of the State Board's decision to decline discretionary review does not violate California's separation-of-powers doctrine because the State Board did not exercise quasi-judicial power when it declined to review the administrative civil liability order.

Questions Presented

1. Whether the State Water Resources Control Board's discretionary decision under Water Code section 13320 not to review a regional water board order on its own motion is subject to judicial review.
2. Whether construing section 13320 and related provisions to preclude judicial review of the State Board's refusal to exercise that discretion violates California's separation-of-powers doctrine.

Disposition

affirmed