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El Dorado, County of v. Department of Transp.

Citation: 35 ELR 20229
No. Nos. C046372, CO48141, (Cal. App. 3d Dist., 11/08/2005)

A court reverses the state transportation agency's approval of an environmental impact report (EIR) for a proposed freeway interchange project in connection with a proposed hotel and casino complex on Native American lands and remanded the EIR for additional analysis. By analyzing the project's traffic-based air quality impacts exclusively in the context of a regional transportation conformity approach, the EIR failed to provide adequate information regarding the project's individual air quality impacts. To be sufficient, the EIR must disclose and analyze what the project's specific traffic-based nitrogen oxide and reactive-organic gas emissions (or estimates) are, what their contributions to the regional emissions budgets are, and whether these emissions and contributions are significant. The EIR also failed to consider the alternative of a smaller casino and hotel.