Department of Finance, Plaintiffs and Respondents v. Commi — Cuellar, J., Concurring in Part and Dissenting…

Summary

Justice Cuéllar concurred in the judgment reversing the Court of Appeal but dissented from the decision to uphold the Commission on State Mandates. He would have remanded for the Commission to reconsider whether water-quality permit conditions were federally mandated, using a broader interpretation of the federal scheme, considering the full record, and giving appropriate deference to the Regional Board's technical expertise. The opinion also argues that the Commission's narrow approach could undermine cooperative federalism under the federal water-quality statute.