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Newport Beach, City of v. Orange, County of

Citation: 12 ELR 20378
No. Nos. 35-31-01, -97-63, 17 ERC 1051/(Cal. Super. Ct., 01/05/1982)

The court holds that an environmental impact report (EIR) prepared for a proposed expansion of the John Wayne Airport in Orange County, California fails to comply with the California Environmental Quality Act (CEQA). If finds the EIR's project description inadequate as failing to encompass the full scope of the proposed action. It also faults the EIR for failing to discuss a "no project" alternative, and other specific alternatives to the airport's expansion. The alternatives of restricting or terminating use of the airport are not unreasonable since most of the affected residential area was established before the airport was used commercially. In addition, the court finds that the EIR lacks an adequate discussion of the project's environmental effects, including cumulative impacts when future expansionsare considered, growth-inducing impacts, noise and air quality effects of alternatives, air safety implications of noise abatement departure procedures, and impacts on automobile traffic in the vicinity. Finally, the court rules that comments and responses thereto do not suffice to remedy defects in the original EIR and that documents incorporated by reference in the EIR must be summarized or available in a public repository. It enjoins implementation of the airport expansion plans pending completion of an adequate EIR.

Counsel for Plaintiff
John J. Kelly
Luebben, Hughes & Kelly
805 Tijeras NW, Albuquerque NM 87102
(505) 842-6123

Pierce O'Donnell
Hufstedler, Miller, Carlson & Beardsley
Suite 2220, Crocker Bank Plaza, 611 W. 6th St., Los Angeles CA 90017
(213) 626-0537

Counsel for Defendant
Michael Scott Gatzke
Eckmann, Lodge & Gatzke
P.O. Box 1636, Carlsbad CA 92008
(714) 729-2304

Counsel for Intervenor Stop Polluting Our Newport
E. Clement Shute
Shute, Mihaly & Weinberger
396 Hayes St., San Francisco CA 94102
(415) 552-7272