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In re Bay-Delta Programmatic Envtl. Impact Report Proceedings

Citation: 35 ELR 20205
No. Nos. C044267, CO44577, (Cal. App. 3d Dist., 10/07/2005)

A court holds that portions of an environmental impact report (EIR) for a water quality improvement program in the San Francisco Bay comply with the California Environmental Quality Act. The court rejected the majority of challenges that concerned the adequacy of the EIR's analysis of impacts on the environment and agriculture and its treatment of mitigation measures and alternatives. Nevertheless, the EIR failed to discuss an alternative to the program that requires reduced exports of water from the Sacramento-San Joaquin Delta, failed to include an adequate discussion of the environmental impacts of diverting water from various potential sources to meet the program's goals, and failed to include certain information pertaining to an "environmental water account" for banking excess water.