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

ELR Citation: 37 ELR 20288
Nos. No. B189116, (Cal. Ct. App., 11/26/2007)

A California appeals court affirmed a lower court’s denial of environmental group’s petition for writ of mandate challenging defendant county’s revision and recertification of an environmental impact report (EIR) under the California Environmental Quality Act (CEQA). The water services analysis contained in an EIR is considered sufficient where it satisfies all four principles provided in Vineyard Area Citizens for Responsible Growth, Inc. v. City of Rancho Cordova, 40 Cal. 4th 412 (Cal. 2007), which inter alia, requires: (1) consideration of sufficient information to evaluate the pros and cons of supplying water; (2) consideration of future project phase water supply requirements; (3) that future water supplies possess a likelihood of actually becoming available and are not simply speculative; and (4) that where anticipated future water sources are not “confidently” available, the EIR must analyze alternative water sources and the consequences of those contingencies. Additionally, where cleanup of perchlorate in a small fraction of the contributing water supply wells was acknowledged in the EIR as a high priority, its remediation is considered feasible and discussion of mitigation funding sources was not a requirement of CEQA or under existing precedent.