Limited Basis for Challenge Sample Clauses

Limited Basis for Challenge. Plaintiffs may only challenge the Return to Writ if, during the preparation and review of the New EIR, (a) Plaintiffs objected to the Mediator based on one or more Mediation Issues, (b) the Mediator upheld that objection in a written advisory opinion as described in Section III(H), (c) DWR rejected such written advisory opinion in its final decision, either expressly or as evidenced by the contents of the final New EIR, and (d) the challenge that Plaintiffs file to the Return to Writ is on the same ground(s) as the objection upheld by Mediator in the advisory opinion. Where such an objection was made to the Mediator and Plaintiffs file such a challenge to the Return to Writ, DWR shall maintain the advisory opinion as a public record. With respect to clause (c) of this subsection (I)(1), if the Parties dispute whether DWR has rejected the Mediator’s advisory opinion, such matter shall be referred to the Mediator and (s)he shall make a final determination with respect thereto in accordance with Article IX.
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