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Gray v. Madera, County of

ELR Citation: 38 ELR 20267
Nos. No. F053661, (Cal. App. 5th Dist., 10/24/2008)

A California appellate court held that a county violated the California Environmental Quality Act (CEQA), the county's general plan, and the state water code when it issued a conditional use permit allowing a proposed mining project on preserved agricultural land. The environmental impact report (EIR) prepared for the project violated CEQA. Errors with the EIR analysis precluded informed decisionmaking and public participation, thereby thwarting the statutory goals of the EIR process. In addition, the project would exceed the noise standards set forth in the county's general plan. And the county failed to analyze the impacts of providing water to the proposed water system in accordance with the state water code.