ELR Citation: ELR 20025
No(s). D043877 (Cal. App. 4th Dist. Jan 26, 2006)

A court partially reverses a lower court judgment granting cities' petition for writ of mandate against state and regional water boards for adopting a total maximum daily load (TMDL) that established a numeric target of zero trash discharge from municipal storm drains into the Los Angeles River. The lower court properly invalidated the TMDL on the ground that the water boards failed to comply with the California Environmental Quality Act (CEQA). Remand is therefore necessary, as the TMDL may have significant impacts on the environment. But the court reversed the judgment on all other grounds. The water boards' decision not to conduct or require an assimilative capacity study was within their discretion, and the TMDL's discussion of compliance costs was adequate. In addition, the TMDL's inclusion of the Los Angeles River estuary was not arbitrary or capricious. The court also erred by granting the cities declaratory relief on their claim the TMDL does not apply to "nonwaters"—areas that do not drain into navigable waters such as the Los Angeles River or tributaries—because the parties agreed during this proceeding that the TMDL applies only to navigable waters.