Jump to Navigation
Jump to Content

Santa Clarita Org. for Planning the Env't v. Los Angeles, County of

ELR Citation: 37 ELR 20248
Nos. No. B189116, (Cal. App. 2d Dist., 09/25/2007)

A California appellate court upheld the water services portion of a county's environmental impact report (EIR) for a residential and commercial development project north of Los Angeles. In a prior case, the court remanded the EIR because it relied on water entitlements instead of actual water in analyzing water availability. The county revised its analysis and recertified the EIR. An environmental group now challenges the adequacy of the EIR's water supply analysis as it relates to a water transfer. But because the EIR meets all four principles articulated by the California Supreme Court in analyzing future water supplies under the California Environmental Quality Act, the group's claim fails. The EIR does not ignore or assume a solution to the problem of supplying water to the project, the water supply analysis is not limited to the first stage or the first few years of the project, the future water supplies identified and analyzed bear a likelihood of actually proving available, and the EIR discusses possible replacement sources or alternatives to use of the anticipated water. The court also rejected the group's claim that the EIR failed to address the lack of funding to remediate perchlorate contamination of local water wells. There is nothing to suggest that the mitigation measures will not be implemented or that the EIR was required to discuss funding for mitigation measures.