RECENT CALIFORNIA DECISIONS

December 2009

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First District Underscores the Need to Evaluate Project Impacts on Wetlands, Riparian Habitats, and Other Resources under CEQA
Citizens of Civic Accountability v. Town of Danville, unpublished op.

Recently, the California Court of Appeal for the First Appellate District, in an unpublished opinion, underscored the importance of preparing an environmental impact report (EIR) for a project with impacts on wetlands, riparian habitat, and possible cumulative riparian impacts pursuant to the California Environmental Quality Act. The court found substantial evidence in support of a fair argument that a small housing project could have significant adverse environmental impacts despite the mitigation measures set forth in the “mitigated negative declaration” (MND). The decision, although unpublished, serves as a reminder that an EIR should ordinarily be prepared if a project has the potential to impact wetlands or riparian habitat.