Jump to Navigation
Jump to Content

In re Bay-Delta Programmatic Envtl. Impact Report Coordinated Proceedings

ELR Citation: 38 ELR 20135
Nos. No. S138974, (Cal., 06/05/2008) Rev'd

The California Supreme Court reversed a lower court decision finding that the programmatic environmental impact statement (EIS) and environmental impact report (EIR) for the CALFED Program—a long-term comprehensive plan designed by a consortium of 18 state and federal agencies (CALFED) to restore and improve the management of the California Bay-Delta—violated the California Environmental Quality Act (CEQA). CALFED's decision to consider only those alternatives that have the potential to achieve ecosystem restoration goals and meet current projected water export demands was reasonable. It therefore exercised its discretion properly in deciding not to consider a reduced water export alternative since that alternative would not achieve the CALFED Program's fundamental purpose. In addition, the programmatic EIS/EIR properly identified potential sources of water and analyzed the associated environmental effects in general terms. The programmatic EIS/EIR also complied with CEQA in analyzing the impacts of one of the CALFED Program's projects—the environmental water account—in general terms and deferring project-level details to subsequent project-level EIRs.

[A prior decision in this litigation can be found at 35 ELR 20205.]