In South Orange County Wastewater Authority v. City of Dana Point, (--- Cal.Rptr.3d ----, Cal.App. 4 Dist., June 30, 2011), a court of appeal considered whether the California Environmental Quality Act (“CEQA”) works in reverse to require an environmental impact report (“EIR”) where the environment would have an impact on a project instead of the other way around. In this case, the environment consisted of an existing sewage treatment plant that would impact an adjacent mixed use development project with its bad smells and noise. The court of appeal held CEQA does not require an EIR where it is proposed that the environment needs to be cleaned up for a project instead of vice versa.
For a detailed discussion of the facts of this case, and the rationale behind the court's ruling, please see the full KMTG Legal Alert here.
If you have any questions concerning this topic, please contact Jeffrey L. Massey, Daniel J. O'Hanlon, or Jon Goetz from our office, or the KMTG attorney with whom you normally consult.