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Salmon Protection & Watershed Network v. Marin, County of

Citation: 35 ELR 20015
No. No. A105592, (Cal. App. 1st Dist., 01/18/2005)

A California appellate court affirmed a trial court decision ordering a county to set aside its approval of a single-family residence within a riparian area designated as an environmental resource of critical concern. The county found generally that any adverse environmental impacts were eliminated by mitigation measures adopted as conditions for project approval and therefore exempted the project from California Environmental Quality Act (CEQA) review. Mitigation measures, however, may never support a categorical exemption to the CEQA, which is required if a project may have a significant effect on the environment.