RECENT CALIFORNIA DECISIONS

March 2006

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Court Rules that Revised EIR Adequately Disclosed Water Supply Uncertainty and Perchlorate Impact in SCOPE Case
Santa Clarita Organization for Planning the Environment v. County of Los Angeles (Newhall Land and Farming Co.)

The Santa Barbara County Superior Court recently held that the revised environmental impact report (EIR) for the Santa Clarita Valley development called West Creek complied with the California Environmental Quality Act (CEQA) by adequately revising and discussing water demands and water supply. Specifically, the court upheld the revised EIR’s discussion of water supply reliability uncertainties for State Water Project (SWP) water. The court held that, notwithstanding the ongoing litigation which could affect the amount of water ultimately supplied to the development project, the revised EIR contained substantial evidence that supports the county’s reliance upon the water supply for planning purposes. Additionally, the court ruled that the revised EIR adequately disclosed the new information on perchlorate contamination found in two additional wells and contained substantial evidence to support the conclusions about the extent and quality of the contaminated wells.