California Court of Appeal

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Ctr. for Biological Diversity v. County of San Bernardino, D056652

In a suit against the County of San Bernardino for its approval of an open-air human waste composting facility under the CEQA, judgment of the trial court is affirmed where: 1) trial court was correct in determining that substantial evidence does not support the FEIR's position that an enclosed facility alternative is infeasible and unworthy of more in-depth consideration; and 2) the court correctly determined the FEIR is inadequate on the additional ground that it does not include a WSA as required by section 10910.

Appellate Information

  • Decided 05/25/2010
  • Published 05/25/2010

Judges

  • McCONNELL, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Brownstein HyattFarber Schreck, Lisabeth D. Rothman, Timothy H. Irons and Kari Nieblas Vozenilek, for Real Party in Interest and Appellant.

  • For Appellees:
  • Environmental Law & Justice Clinic, Helen Kang, Lucas Williams; Center on Race, Poverty & the Environment, Ingrid Brostrom, Brent Newell; Law Office of Richard M. Pearl and Richard M. Pearl, for Plaintiffs and Respondents.
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