Protecting Our Water and Environmental etc. v. County of Stanislaus

Summary

The court held that the County unlawfully classified every covered well-construction permit as ministerial because the governing standards authorize discretionary judgments in at least some cases. It also held that the permits are not necessarily discretionary in every case, because the relevant discretionary standards may not apply to a particular project. The court affirmed plaintiffs’ entitlement to a declaration invalidating the blanket classification, reversed the broader ruling that all permits are discretionary, and remanded for further proceedings concerning additional standards and relief.