RECENT CALIFORNIA DECISIONS

May 2004

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Water Agency’s EIR Found Invalid under CEQA for Failure to Include a Statement of Reasons
Protect the Historic Amador Waterways v. Amador Water Agency

On April 9 (modifying it’s earlier decision of March 12) the Third District Court of Appeal ruled in favor of petitioner/appellant challenging a decision by the Amador County Water Agency (water agency) to replace a mostly unlined earthen ditch used for transporting water with a pipeline. The court reversed and remanded the trial court decision, in part, because the water agency failed to explain in the environmental impact report (EIR) why the project’s effect on surface water streams would be insignificant and therefore violated the California Environmental Quality Act (CEQA).