Barclay Hollander Corp. v. Cal. Reg'l Water Quality Control Bd. (2019)
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· 28 citation events
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(Barclay Hollander Corp. v. California Regional Water Quality Control Bd. (2019) 38 Cal.App.5th 479, 513 [“‘“The Due Process Clause simply does not mandate that all governmental decisionmaking comply with standards that assure perfect, error-free determinations”’”].) The other party at the hearings, the Division, is subject to the same procedures as RND; RND suffered no special prejudice by being required to appear remotely.
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Wendz v. Dept. of Education (2023)
Insider 16 [discussing how the results of studies designed by the National Toxicology Project on toxic chemicals are published as technical reports]; Barclay Hollander Corp. v. California Regional Water Quality Control Bd. (2019) 38 Cal.App.5th 479, 490 [noting that company “conducted the requested environmental investigation, including collecting analytical data, and compiled technical reports based on 2,400 samples taken at several locations on the Site”].) Together, these…
Instead, it must weigh all the evidence for itself and make its own decision about which party’s position is supported by a preponderance. [Citation.] The question is not whether any rational fact finder could make the finding below, but whether the reviewing court believed the finding actually was correct.’ [Citation.]” 2 Undesignated statutory references are to the Water Code. 11 (Coastal Environmental Rights Foundation v. California Regional Water Quality Control Bd. (201…
Instead, it must weigh all the evidence for itself and make its own decision about which party’s position is supported by a preponderance. [Citation.] The question is not whether any rational fact finder could make the finding below, but whether the reviewing court believed the finding actually was correct.’ [Citation.]” 2 Undesignated statutory references are to the Water Code. 11 (Coastal Environmental Rights Foundation v. California Regional Water Quality Control Bd. (201…
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City of Duarte v. State Water Resources Control Bd. (2021)
(Barclay Hollander Corp. v. California Regional Water Quality Control Bd. (2019) 38 Cal.App.5th 479, 497 (Barclay).) If a claim is made that the regional board’s findings are not supported by the evidence, then, in accordance with Code of Civil Procedure section 1094.5, subdivision (c), the court exercises independent judgment on the evidence. ( Barclay, supra, at p. 497 .) ‘“In exercising its independent judgment, a trial court must afford a strong presumption of correctnes…
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City of Duarte v. State Water Resources Control Bd. (2021)
(Barclay Hollander Corp. v. California Regional Water Quality Control Bd. (2019) 38 Cal.App.5th 479, 497 (Barclay).) If a claim is made that the regional board’s findings are not supported by the evidence, then, in accordance with Code of Civil Procedure section 1094.5, subdivision (c), the court exercises independent judgment on the evidence. ( Barclay, supra, at p. 497 .) ‘“In exercising its independent judgment, a trial court must afford a strong presumption of correctnes…
(Barclay Hollander Corp. v. California Regional Water Quality Control Bd. (2019) 38 Cal.App.5th 479, 498 (Barclay).) We are not bound by legal conclusions made by the state, regional agencies, or the trial court; however, we must “‘give appropriate consideration to an administrative agency’s expertise underlying its interpretation of an applicable statute.’” (Ibid.) The trial court found that the Permit did not comply with Water Code section 13241 because it “does not, at an…