SECTIONS 12600-12612 - California Statutes

GOVERNMENT CODE

SECTION 12600-12612

12600. The Legislature finds and declares as follows:
(a) It is the policy of this state to conserve, protect, and
enhance its environment. It is the policy of this state to prevent
destruction, pollution, or irreparable impairment of the environment
and the natural resources of this state.
(b) It is in the public interest to provide the people of the
State of California through the Attorney General with adequate remedy
to protect the natural resources of the State of California from
pollution, impairment, or destruction.
(c) Conservation of natural resources and protection of the
environment are pursuits often beyond the scope of inquiry,
legislation, or enforcement by local government; several local public
entities existing in the same ecological community have acted in
differing and, sometimes, conflicting manners; uniform, coordinated,
and thorough response to the questions of protection of environment
and preservation of natural resources must be assured; and these
matters are of statewide concern.

12601. The provisions of this article are not exclusive, and the
remedies provided for in this article shall be in addition to any
other remedies provided for in any other law or available under
common law.

12602. If any provision of this article or the application thereof
to any person or circumstance is held to be unconstitutional, the
remainder of the chapter and the application of such provision to
other persons or circumstances shall not be affected thereby.

12603. This article shall be liberally construed and applied to
promote its underlying purposes.

12604. As used in this article, "person" includes any person, firm,
association, organization, partnership, business trust, corporation,
limited liability company, company, district, county, city and
county, city, town, the state, and any of the agencies and political
subdivisions of such entities.

12605. As used in this article, "natural resource" includes land,
water, air, minerals, vegetation, wildlife, silence, historic or
aesthetic sites, or any other natural resource which, irrespective of
ownership contributes, or in the future may contribute, to the
health, safety, welfare, or enjoyment of a substantial number of
persons, or to the substantial balance of an ecological community.

12606. The Attorney General shall be permitted to intervene in any
judicial or administrative proceeding in which facts are alleged
concerning pollution or adverse environmental effects which could
affect the public generally.

12607. The Attorney General may maintain an action for equitable
relief in the name of the people of the State of California against
any person for the protection of the natural resources of the state
from pollution, impairment, or destruction.

12608. In any action maintained under Section 12607, the defendant
may also show, by way of an affirmative defense, that there is no
more feasible and prudent alternative to the defendant's conduct, and
that such conduct is consistent with the protection of the public
health, safety, and welfare.

12609. Any action brought pursuant to Section 12607 to review, set
aside, void or annul any decision in any zoning matter of an
administrative body or of a legislative body, or concerning any of
the proceedings, acts or determinations taken, done or made prior to
such decision, or to determine the reasonableness, legality or
validity of any such decision shall not be maintained unless such
action is commenced within 180 days after the date of such decision.

12610. In granting temporary and permanent equitable relief, the
court may impose such conditions upon the defendant as are required
to protect the natural resources of the state from pollution,
impairment, or destruction.

12611. (a) Whenever proceedings before an administrative agency are
pending or available to determine the legality of the defendants'
conduct, program, or product, the court shall stay the action brought
pursuant to Section 12607 pending the completion of such proceedings
unless such stay will result in irreparable pollution, impairment or
destruction to any natural resource.
(b) In the order staying the proceedings under subdivision (a),
the court may grant temporary equitable relief where appropriate to
prevent irreparable pollution, impairment or destruction of any
natural resource.

12612. (a) In any administrative, licensing, or other such
proceeding or in any proceeding for judicial review thereof which is
made available by law, the Attorney General shall be permitted to
intervene upon showing that the proceeding or action for judicial
review involves conduct, programs, or products which may have the
effect of impairing, polluting, or destroying the natural resources
of the state.
(b) In any proceeding described in subdivision (a), in which the
Attorney General is a party, the agency or court shall consider the
alleged impairment, pollution, or destruction of the natural
resources of the state, and no conduct, program, or product shall be
authorized or approved which does, or will have such effect unless it
is consistent with the protection of the public health, safety, or
welfare.
(c) In any judicial review under this section, the evidence before
the court shall consist of the record before the agency and any
other relevant evidence which, in the judgment of the court, should
be considered to effectuate and implement the policies of this
article.