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Madera Oversight Coalition, Inc. v. County of Madera

ELR Citation: 41 ELR 20286
Nos. F059153, (Cal. App. 5th Dist., 09/13/2011)

A California appellate court affirmed in part and reversed in part a lower court decision granting an environmental group's petition for writ of mandamus challenging a county's approval of a mixed-use development project under the California Environmental Quality Act (CEQA). The lower court correctly determined that the analysis of the project's proposed water supply was inadequate under CEQA. However, the EIR's discussion of mitigation measures for certain archaeological sites was also legally inadequate. Similarly, the EIR failed to address mitigation measures for potentially significant impacts to traditional cultural properties. In addition, the EIR's traffic analysis lacked clarity regarding the baseline used to determine the project's potential impacts. And the discussion of cumulative impacts failed to disclose and explain the basis for assuming a 30 percent buildout in the area by 2025.