SECTIONS 25900-25903
PUBLIC RESOURCES CODE
SECTION 25900-25903
SECTION 25900-25903
25900. Except as provided in Section 25531, whenever the commissionfinds that any provision of this division is violated or a violationis threatening to take place which constitutes an emergencyrequiring immediate action to protect the public health, welfare, orsafety, the Attorney General, upon request of the commission, shallpetition a court to enjoin such violation. The court shall havejurisdiction to grant such prohibitory or mandatory injunctive reliefas may be warranted by way of temporary restraining order,preliminary injunction, and permanent injunction.25901. (a) Within 30 days after the commission issues itsdetermination on any matter specified in this division, except asprovided in Section 25531, any aggrieved person may file with thesuperior court a petition for a writ of mandate for review thereof.Failure to file such an action does not preclude a person fromchallenging the reasonableness and validity of a decision in anyjudicial proceedings brought to enforce the decision or to obtainother civil remedies. (b) The decision of the commission shall be sustained by thecourt unless the court finds (1) that the commission proceededwithout, or in excess of its jurisdiction, (2) that, basedexclusively upon a review of the record before the commission, thedecision is not supported by substantial evidence in light of thewhole record, or (3) that the commission failed to proceed in themanner 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 governproceedings pursuant to this section. (d) The amendment of this section made at the 1989-90 RegularSession of the Legislature does not constitute a change in, but isdeclaratory of, existing law.25902. Any evaluations in the reports required by Section 25309 andany findings and determinations on the notice of intent pursuant toChapter 6 (commencing with Section 25500) shall not be construed as afinal evaluation, finding, or determination by the commission and acourt action may not be brought to review any such evaluation,finding, or determination.25903. If any provision of subdivision (a) of Section 25531, withrespect to judicial review of the decision on certification of a siteand related facility, is held invalid, judicial review of suchdecisions shall be conducted in the superior court subject to theconditions of subdivision (b) of Section 25531. The superior courtshall grant priority in setting such matters for review, and theappeals from any such review shall be given preference in hearings inthe Supreme Court and courts of appeal.