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Concerned McCloud Citizens v. McCloud Community Servs. Dist.

ELR Citation: 37 ELR 20030
Nos. No. C050811, (Cal. App. 3d Dist., 01/02/2007)

An appellate court reversed a lower court decision vacating an agreement between a water district and a water company for the sale and purchase of spring water. Local groups argued that the district failed to conduct any environmental review under the California Environmental Quality Act (CEQA) prior to approving the agreement, and the lower court agreed. But the district's execution of the agreement was not an "approval" of a "project" within the meaning of the CEQA because the agreement was expressly conditioned on later CEQA compliance. Subsequent compliance with the CEQA review procedures is therefore permissible.