6-20-2019 at 1:30 PM
Draft Proposed Judgment
Duarte’s proposed judgment and writ (with the accompanying strike-through permit) go beyond what the Court ordered. The Court did not determine that the NEL requirements were improper, only that Respondents failed to comply with the CWC § 13241 in adopting the NEL requirements. See Decision at 10:9-18:14, including the final sentence: “Put differently, in the words of the California Supreme Court, Respondents’ decision in approving the 2012 Permit is not supported by facts essential to sustain its decision. Environmental Protection Information Center, supra at 516-517.”
The Court has also again reviewed CCP § 1094.5 (the section invoked by Petitioners) regarding judgment on a writ. The relevant subsection is (f) which reads:
(f) The court shall enter judgment either commanding respondent to set aside the order or decision, or denying the writ. Where the judgment commands that the order or decision be set asi........