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Center for Biological Diversity v. San Bernardino, County of

Citation: 40 ELR 20146
No. Nos. D056652, D056648, (Cal. App. 4th Dist., 05/25/2010)

A California appellate court upholds a lower court decision decertifying a county's environmental impact report (EIR) for an open-air human waste composting facility under the California Environmental Quality Act (CEQA). Substantial evidence does not support the EIR's position that an enclosed facility alternative is infeasible. The EIR's economic analysis is based on the costs associated with the development of only one enclosed composting facility. As a result, there is no meaningful comparative data pertaining to a range of economic issues. Nor does the EIR contain any information that an enclosed facility is technologically infeasible, other than the observation that there is no electricity at the proposed site. The EIR does not address the cost of bringing electricity to the site or the time involved in doing so. The EIR also failed to include a water supply assessment as required by Cal. Water Code §10910.