RECENT CALIFORNIA DECISIONS

August/September 2003

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Fifth District Sets Aside EIR Because of County’s Failure to Include Sufficient Findings to Support Certification in Administrative Record
Protect Our Water v. County of Merced, unpublished opinion

On July 9, 2003 the Fifth District Court of Appeal ordered Merced County to set aside its certification of an EIR for an aggregate mining project on the ground that the administrative record did not contain sufficient findings by which it could measure whether there was substantial evidence to support Merced County’s decision.