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California Water Impact Network v. Newhall County Water Dist.

ELR Citation: 38 ELR 20093
Nos. No. B197570, (Cal. App. 2d Dist., 04/16/2008)

A California appellate court upheld the dismissal of an environmental group's petition challenging a city's water supply assessment for a large-scale industrial/business park development. The adequacy of the assessment is properly challenged as a part of a challenge to an environmental impact report (EIR) after project approval. It is a technical, informational document and not a final act or determination subject to direct mandamus review. Hence, until the city certifies the EIR and approves the project, the adequacy of the assessment is not subject to judicial review. In addition, the group failed to exhaust its administrative remedies before seeking judicial intervention. Despite the group's arguments to the contrary, the city had the authority to address the group's claims.