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Riverwatch v. Olivenhain Mun. Water Dist., D052237

In a case regarding the adequacy of an environmental impact report (EIR) submitted assessing the impact of construction and operation of a landfill and recycling collection center, judgment denying petition for writ of mandate that challenged validity of agreement between defendant-water district and real party in interest is reversed and remanded where: 1) the activities set forth in the Agreement constituted part of the landfill "project" for purposes of the California Environmental Quality Act (CEQA); 2) the Final EIR was required to identify the source of water necessary to construct and operate the landfill and to analyze the impacts of obtaining water; 3) the activity of trucking recycled water from defendant-water district to the landfill site was part of the whole action or operations of the landfill project for purposes of CEQA; 4) defendant-water district's approval and signing of the Agreement constituted approval of part of the landfill project within the meaning of CEQA and its guidelines, as interpreted by case law; 5) because defendant-water district did not comply with its CEQA duties before approving the agreement, the agreement should have been set aside; 6) Department of Environmental Health (DEH) was not a necessary party to plaintiff's petition; and 7) certain additional evidence would not be considered.

Appellate Information

  • Decided 01/30/2009
  • Published 01/30/2009

Judges

  • McDONALD, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Law Offices of Everett L. DeLano III, Everett L. DeLano III and M. Dare DeLano, Escondido, CA, for Plaintiff and Appellant Riverwatch., Procopio, Cory, Hargreaves & Savitch and Walter E. Rusinek, San Diego, CA, for Plaintiff and Appellant Pala Band of Mission Indians., Allen Matkins Leck Gamble Mallory & Natsis, Patrick E. Breen and Heather S. Riley, San Diego, CA, for Real Party in Interest.

  • For Appellees:
  • Law Offices of Wesley W. Peltzer and Wesley W. Peltzer, San Marcos, CA, for Defendant and Respondent.
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