California Court of Appeal

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North Coast Rivers Alliance v. Kawamura, 072067

In a case involving the approval of a program to control an invasive pest, the light brown apple moth (LBAM), asserting California Environmental Quality Act (CEQA) Pub. Resources Code section 21000 et seq., violations and challenging the program approved by the California Department of Food and Agriculture, the trial court's judgment in favor of the government is reversed where, even before the new information came to light that eradication was no longer attainable, the environmental impact report (EIR) violated CEQA by giving the project's objective an artificially narrow definition (eradication of LBAMs) and thereby omitting analysis of pest control as a reasonable alternative to the eradication program.

Appellate Information

  • Decided
  • Published 2016/01/04

Judges

  • HULL

Court

  • California Court of Appeal

Counsel