RECENT CALIFORNIA DECISIONS

June 2007

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Fifth District Rejects EIR for Inadequate Project Description, Baseline Assumptions, and Improperly Deferred Mitigation
San Joaquin Raptor Rescue Center, et al. v. County of Merced, et al.

On April 10, 2007, the Fifth District Court of Appeal reversed the trial court’s denial of a petition for writ of mandate challenging the County of Merced’s decision to certify an environmental impact report (EIR) and approve a conditional use permit (CUP) for the proposed expansion of an aggregate mining operation near the community of Le Grand. The court found that the EIR’s project description and baseline assumptions were inadequate, and that the EIR improperly deferred mitigation by allowing for the future development of a land management plan to address biological impacts.