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San Joaquin Raptor Rescue Ctr. v. Merced, County of

ELR Citation: 37 ELR 20081
Nos. No. F050232, (Cal. App. 5th Dist., 04/10/2007)

A California appellate court held that a county board's certification of an environmental impact report (EIR) and approval of a conditional use permit (CUP) regarding a proposed expansion of a mining operation violated the California Environmental Quality Act. The EIR was inadequate in several respects, including its project description, analysis of impacts on water and traffic, analysis of mitigation measures regarding biological impacts, and certain responses to comments. These deficiencies were prejudicial because they precluded informed decisionmaking and public participation. Therefore, certification of the EIR was a prejudicial abuse of discretion. On remand, the certification and approval must be vacated.