California Supreme Court Ruling Represents Big Win for State Water Board–& California’s Environment

The California Supreme Court has handed the State Water Resources Control Board a major legal win, rejecting an industry challenge to the “user pays”-based system of funding the Board’s water pollution control system.  In doing so, the Supreme Court has fended off yet another constitutional challenge to the manner in which environmental regulatory fees are set in California, in a decision that’s likely to have broad applicability to a host of important regulatory programs. In California Building Industry Association v. State Water Resources Control Board, the Supreme Court unanimously rejected the building industry’s lawsuit challenging the manner in which the Water Board assesses fees on the regulated community intended to fund the multifaceted programs the Board administers to reduce water pollution and maintain water quality in California.  Years ago, the California Legislature directed the Water Board to create such a “user…

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