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Vineyard Area Citizens for Responsible Growth v. Rancho Cordova, City of

ELR Citation: 37 ELR 20031
Nos. No. S132972, (Cal., 02/01/2007) rev'd & remanded

California's highest court reversed a lower court decision dismissing individuals' claims that a county violated the California Environmental Quality Act (CEQA) in approving community- and site-specific plans for a large, mixed use development project. While the environmental impact report (EIR) prepared for the plans adequately informed decisionmakers and the public of the county's plan for near-term provision of water to the development, it failed to disclose the impacts of providing the necessary supplies in the long term. The EIR identifies the intended water sources in general terms, but it does not clearly and coherently explain, using material properly stated or incorporated in the EIR, how the long-term demand is likely to be met with those sources, the environmental impacts of exploiting those sources, and how those impacts are to be mitigated. In addition, potential impacts on migratory salmon in a certain river, which were disclosed in the Final EIR, should have been incorporated in a revised draft EIR and recirculated for public comment.

[A prior decision in this litigation can be found at 35 ELR 20059.]