Wednesday, October 5, 2011

KMTG Legal Alert: Court Invalidates Urban Development Project EIR For Failing To Disclose And Address Water Supply Uncertainties

In Madera Oversight Coalition, Inc. et al. v. County of Madera (--- Cal.App.4th ---, Fifth Dist., September 13, 2011) (Madera), the Fifth District Court of Appeals provided guidance on completing California Environmental Quality Act review for a major urban development project. The opinion addresses: disclosure of uncertainties regarding water supply; limits on agency discretion in establishing an environmental baseline for analyzing impacts; standards for creating, augmenting and challenging the administrative record; and findings for mitigation of impacts to archeological resources.

In Madera, petitioners challenged the Madera County’s 2008 approval of the mixed-use Tesoro Viejo development project, claiming that its Environmental Impact Report was inadequate. The trial court ruled for the petitioners based on deficiencies in the EIR’s discussion of uncertainties regarding the Project’s water supply. Both sides cross-appealed.

For a detailed discussion of the Fifth District Court of Appeals' ruling on the parties' cross-appeals and the facts of this case, please see the full KMTG Legal Alert here.

A copy of the court's opinion may be found here.

If you have any questions concerning this topic, please contact Janet K. Goldsmith or Eric N. Robinson from our office, or the KMTG attorney with whom you normally consult.

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