Supreme Court of California

A ruling against plaintiffs in their challenge to a county's approval of a community plan for a large, mixed-use development project, and a specific plan for a portion of the development, is reversed pursuant to their claims arising under the California Environmental Quality Act (CEQA) that: 1) an environmental impact report (EIR) prepared for the plans failed to adequately identify and evaluate future water sources for the development; and 2) potential impacts on migratory salmon in a certain river, disclosed in the Final EIR, should instead have been incorporated in a revised Draft EIR and recirculated for public comment.

Appellate Information

• Decided 02/01/2007
• Published 02/01/2007

Judges

• WERDEGAR, J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
• Law Office of Stephan C. Volker, Stephan C. Volker, San Francisco, Joshua A.H. Harris, Oakland, Marnie E. Riddle and Gretchen E. Dent, San Jose, for Plaintiffs and Appellants., Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, Tom Greene, Chief Assistant Attorney General, J. Matthew Rodriquez and Theodora Berger, Assistant Attorneys General, Susan Durbin and Gordon Burns, Deputy Attorneys General, for The People of the State of California as Amicus Curiae on behalf of Plaintiffs and Appellants., Law Offices of Thomas N. Lippe, and Thomas N. Lippe, San Francisco, for California Oak Foundation as Amicus Curiae on behalf of Plaintiffs and Appellants., Rossmann and Moore, Antonio Rossmann, Robert B. Moore and David R. Owen, Walnut Creek, for The Planning and Conservation League as Amicus Curiae on behalf of Plaintiffs and Appellants., Brandt-Hawley Law Group and Susan Brandt-Hawley, Glen Ellen, for Stanislaus Natural Heritage Project as Amicus Curiae on behalf of Plaintiffs and Appellants., Daniel P. Selmi;  Chatten-Brown & Carstens, Jan Chatten-Brown, Santa Monica, and Douglas P. Carstens, Santa Monica, for Environmental Defense Center, Santa Clarita Organization for Planning the Environment and Friends of the Santa Clara River as Amici Curiae on behalf of Plaintiffs and Appellants., Lawrence Bragman, San Rafael, for City of Fairfax as Amicus Curiae on behalf of Plaintiffs and Appellants.


• For Appellees:
  
• Meyers, Nave, Riback, Silver & Wilson, Steven R. Meyers, Julia L. Bond and Andrea J. Saltzman, Oakland, for Defendant and Respondent., Remy, Thomas, Moose and Manley, James G. Moose, Sabrina V. Teller, Meghan M. Habersack, Sacramento, and Megan M. Quinn, for Real Parties in Interest and Respondents., Morrison & Foerster, Michael H. Zischke, San Francisco, R. Clark Morrison, Sacramento, and Scott B. Birkey, San Francisco, for California State Association of Counties and League of California Cities as Amici Curiae on behalf of Defendant and Respondent., Bingham McCutchen and Stephen L. Kostka, Walnut Creek, for Building Industry Association for California, Consulting Engineers and Land Surveyors of California, Building Industry Legal Defense Foundation, California Business Properties Association and California Association of Realtors as Amici Curiae on behalf of Defendant and Respondent and Real Parties in Interest and Respondents., Downey Brand, Jennifer L. Harder and Scott L. Shapiro, Sacramento, for North State Building Industry Association as Amicus Curiae on behalf of Defendant and Respondent and Real Parties in Interest and Respondents., Thomas Cumpston, Placerville;  Somach, Simmons & Dunn, Sandra K. Dunn and Jacqueline L. McDonald, Sacramento, for El Dorado Irrigation District as Amicus Curiae on behalf of Defendant and Respondent and Real Parties in Interest and Respondents., Bartkiewicz, Kronick & Shanahan, Ryan S. Bezerra, Paul M. Bartkiewicz and Joshua M. Horowitz, Sacramento, for Regional Water Authority as Amicus Curiae on behalf of Defendant and Respondent and Real Parties in Interest and Respondents., Robert A. Ryan, Jr., County Counsel (Sacramento) and Krista C. Whitman, Deputy County Counsel, for County of Sacramento and Sacramento County Water Agency as Amici Curiae on behalf of Defendant and Respondent and Real Parties in Interest and Respondents., Kronick, Moskovitz, Tiedemann & Girard, Clifford W. Schulz, Sacramento;  Best Best & Krieger and Roderick E. Walston, Walnut Creek, for Association of California Water Agencies and State Water Contractors as Amici Curiae on behalf of Defendant and Respondent and Real Parties in Interest and Respondents.