The California Supreme Court affirmed a decision of the court of appeal. The court held that a trial court had jurisdiction to entertain a petition for writ of administrative mandate challenging a regional water quality control board’s decision to renew a power plant’s cooling water intake permit.
Duke Energy Moss Landing, LLC, and Duke Energy North America, LLC, sought to modify the gas-fired Moss Landing Power Plant (MLPP) as part of a project to modernize the facility. MLPP was located in a biologically sensitive area near the Elkhorn Slough, a biologically rich wetland system that was the habitat of many rare plants and animals.