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Sierra Club v. Tahoe Regional Planning Agency

ELR Citation: 46 ELR 20176
Nos. 14-15998, -16513, (9th Cir., 11/02/2016)

The Ninth Circuit upheld the dismissal of environmental groups' lawsuit challenging the Tahoe Regional Planning Agency's EIS for its updated land use plan. Applying a standard similar to the standard for evaluating an EIS under NEPA, the court held that the EIS and update adequately addressed the localized effects of the runoff created by the amount of development permitted under the updated plan. In addition, the EIS' analysis of the effects of concentrating development in was not arbitrary or capricious, and sufficiently addressed significant environmental impacts of the update. And the agency's assumptions regarding best management practices and whether they would reduce water quality impacts were supported by substantial evidence.