Santa Clara Valley Water District v. San Francisco Bay Regional Water Quality Control Board (A157127)
This case challenges the ability of a regional water board from imposing conditions on a project after the EIR has been certified and project construction is underway. CSAC’s brief, prepared by Kathryn Oehlschlager at Downey Brand in San Francisco, argues that that regional board was required to raise its concerns about the project during the EIR process, and that having failed to do so, it was precluded from later imposing mitigations on the project.