RECENT CALIFORNIA DECISIONS

August 2010

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Fourth District Holds Statutory Criteria for Water Supply Assessments Are Not Ambiguous—Proposed Open-Air Composting Facility Is a ‘Project’
Center for Biological Diversity et al. v County of San Bernardino

The California Court of Appeal for the Fourth Appellate District held in late June that the criteria for requiring a water supply assessment (WSA) pursuant to Senate Bill (SB) 610 are plain and unambiguous as set forth in Water Code § 10910 et. seq. and that the environmental impact report (EIR) for a proposed open air composting facility with minimal requirements for potable water in an area with no public water system, but which would occupy more than 40 acres of land, must include a WSA.