RECENT CALIFORNIA DECISIONS

October 2004

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First District Affirms Decision Finding Inclusion of Economic Feasibility Analysis in an Environmental Impact Report Unnecessary
Sierra Club v. County of Napa (Beringer Wine Estates), ___Cal.App.4th ___

The California Court of Appeal, First Appellate District, has upheld a judgment denying a petition for writ of mandate filed by the Sierra Club, pursuant to the California Environmental Quality Act (CEQA), in an attempt to decertify the environmental impact report (EIR) and project approval for the Beringer Wine Estates’s project in Napa County. The court ruled that CEQA does not require inclusion of an economic feasibility analysis in an EIR for public review and comment. The court also found that the Napa County Board of Supervisors acted legally and within their jurisdiction when basing their decision upon evidence from the entire record of proceedings, rather than just the EIR.