SECTIONS 25900-25903 - California Statutes

PUBLIC RESOURCES CODE

SECTION 25900-25903

25900. Except as provided in Section 25531, whenever the commission
finds that any provision of this division is violated or a violation
is threatening to take place which constitutes an emergency
requiring immediate action to protect the public health, welfare, or
safety, the Attorney General, upon request of the commission, shall
petition a court to enjoin such violation. The court shall have
jurisdiction to grant such prohibitory or mandatory injunctive relief
as may be warranted by way of temporary restraining order,
preliminary injunction, and permanent injunction.

25901. (a) Within 30 days after the commission issues its
determination on any matter specified in this division, except as
provided in Section 25531, any aggrieved person may file with the
superior court a petition for a writ of mandate for review thereof.
Failure to file such an action does not preclude a person from
challenging the reasonableness and validity of a decision in any
judicial proceedings brought to enforce the decision or to obtain
other civil remedies.
(b) The decision of the commission shall be sustained by the
court unless the court finds (1) that the commission proceeded
without, or in excess of its jurisdiction, (2) that, based
exclusively upon a review of the record before the commission, the
decision is not supported by substantial evidence in light of the
whole record, or (3) that the commission failed to proceed in the
manner required by law.
(c) Except as otherwise provided in this section, subdivisions (f)
and (g) of Section 1094.5 of the Code of Civil Procedure govern
proceedings pursuant to this section.
(d) The amendment of this section made at the 1989-90 Regular
Session of the Legislature does not constitute a change in, but is
declaratory of, existing law.

25902. Any evaluations in the reports required by Section 25309 and
any findings and determinations on the notice of intent pursuant to
Chapter 6 (commencing with Section 25500) shall not be construed as a
final evaluation, finding, or determination by the commission and a
court action may not be brought to review any such evaluation,
finding, or determination.

25903. If any provision of subdivision (a) of Section 25531, with
respect to judicial review of the decision on certification of a site
and related facility, is held invalid, judicial review of such
decisions shall be conducted in the superior court subject to the
conditions of subdivision (b) of Section 25531. The superior court
shall grant priority in setting such matters for review, and the
appeals from any such review shall be given preference in hearings in
the Supreme Court and courts of appeal.