California Court of Appeal

Reset A A Font size: Print

Friends of the Kings River v. County of Fresno, F068818

In this case, defendant County certified an environmental impact report (EIR) for a proposed surface mining and processing site and approved the project. Denial of plaintiff’s petition for writ of mandate alleging abuse of discretion under the California Environmental Quality Act (CEQA) is affirmed, where: 1) substantial evidence supports the EIR’s conclusions regarding the project’s potential impacts; 2) the project description is adequate even though it lacks a postponing water balance calculation, as a postponing water balance is unnecessary to under the impacts on water consumption and potential contamination; 3) despite the fact that the Office of Mine Reclamation’s made various recommendations and comments as to additional information to put in the EIR, these recommendations do not require implementation by the lead agency; and 4) the County’s interpretation of its own general plan is entitled to considerable deference.

Appellate Information

  • Decided 12/08/2014
  • Published 12/09/2014

Judges

  • Kane

Court

  • California Court of Appeal

Counsel