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El Morro Community Ass'n v. California Dep't of Parks & Recreation

ELR Citation: 34 ELR 20112
Nos. No. G032990, (Cal. App. 4th Dist., 10/05/2004)

A California appellate court dismissed a resident group's California Environmental Quality Act challenge against a state agency for not properly preparing and certifying an environmental impact report (EIR) for a project involving the demolition of a mobile home park. The group failed to prove that the deputy director of the lead agency who certified the EIR was not the authorized decisionmaker or that he failed to carry out his duties. Moreover, the department adequately advised the public about the existence of technical information despite failing to give the specific titles to each technical report in the EIR. In addition, the EIR adequately considered a traffic study, and the group's complaint about a hydrology report issued one month after the EIR was certified was without merit. Lastly, the group's motion to augment the administrative record was properly denied.