KMTG Legal Alert: Development Project EIR Set Aside Due To Inadequate Water Supply Assessment, Deferred Mitigation

In Preserve Wild Santee et al. v. City of Santee et al. (--- Cal.App.4th ---, Fourth Appellate District Case No. D055215 [October 19, 2012]), the Court of Appeal for California’s Fourth Appellate District held that the environmental impact report (“EIR”) for a nearly 1,400-unit residential development project violated the California Environmental Quality Act (“CEQA”) because it failed to provide an adequate water supply analysis and improperly deferred mitigation for biological impacts. The court further held that not all EIR inadequacies require a project approval and EIR certification to be entirely vacated.

The decision in Preserve Wild Santee addresses a range of recurring CEQA compliance issues, like cumulative biological impacts involving listed species, deferred mitigation and the scope of judicial remedies when CEQA documents are found to be partially inadequate.  For a detailed summary of the  decision, please see the full KMTG Legal Alert here.