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History – Notice of Appeals Court decison

Hello Anti-Degradation Coalition –

Quite some time ago, the Environmental Law Foundation drafted a Petition to the State Water Board on behalf of this Coalition. We asked the Board to adopt formal procedures to implement the state and federal Anti-Degradation Policy. (I attached the Petition, dated July 2007)

While the State Water Board has done nothing, the Third Appellate District Court just came out with a decision on November 6, 2012 (attached) requiring the Central Valley Regional Board to comply with the state anti-degradation policy (Resolution 68-16) as it pertains to groundwater in a permit regulating 1,600 dairies in the Central Valley Region.

The decision is the first to apply the anti-degradation policy to California’s groundwater. The Court does a beautiful job detailing what is required by the Regional Board to comply with the anti-degradation policy. While the decision is specific to the particular dairies permit, it’s applicability goes to all discharge permits in California – for both surface and groundwater.

Alan Levine, Coast Action Group Affiliate of Redwood Coast Watersheds Alliance