Jump to Navigation
Jump to Content

No Wetlands Landfill Expansion v. County of Marin

ELR Citation: 42 ELR 20065
Nos. A131651, (Cal. App. 4th Dist. , 03/21/2012)

A California appellate court reversed a lower court decision directing a county board to hear an administrative appeal of an environmental impact report (EIR) and permit for a landfill expansion project. A local environmental enforcement agency issued the permit after considering and certifying the EIR under the California Environmental Quality Act. Community organizations filed a petition for a writ of mandate. Instead of resolving the issue, however, the lower court turned the matter to the county board. But the county board has no authority to approve or disapprove the project at issue and thus is not a "decisionmaking body" empowered to hear the organizations' administrative appeal. Approval of the landfill permit, and certification of the EIR for that approval, is a power vested in the local enforcement agency not the county itself. The court, therefore, remanded the matter to the lower court.