ELR Citation: 41 ELR 20136
No(s). F060147 (Cal. App. 5th Dist. Apr 4, 2011)

A California appellate court reversed a lower court decision dismissing petitioners' action to compel the state health department to prepare and submit a safe drinking water plan to the state legislature as required by state law. The department argued before the trial court that the statutory mandate to prepare and submit a plan was suspended by the Legislature's termination of a one-time fee provision in 1992. But declarations submitted by the department are of little value because they merely state legal conclusions. To the contrary, the duty to prepare and submit a safe drinking water plan pursuant to state law was not suspended.