California Court of Appeal

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.