RECENT CALIFORNIA DECISIONS

December 2005

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Third District Court Holds Bay-Delta Programmatic Environmental Impact Statement/Report Legally Insufficient
In re Bay-Delta Programmatic Environmental Impact Report Coordinated Proceedings, ___Cal.App.4th___

The California Court of Appeal, Third Appellate District, recently reversed California Superior Court judgments concerning a San Francisco Bay/Sacramento-San Joaquin River Delta (Bay-Delta) programatic environmental impact statement/report (PEIS/R) and found that the PEIS/R was legally insufficient because it failed to discuss an alternative to the program that requires reduced exports of water from the Delta; failed to include an adequate discussion of the environmental impacts of diverting water from various potential sources to meet the program’s goals; and failed to include certain significant information related to the “environmental water account.” The court also found that certain non-California Environmental Quality Act claims made by the appellants were either not properly stated or not adequately preserved for appeal.