San Joaquin Raptor/Wildlife Rescue Center v. County of Stanislaus

In San Joaquin Raptor/Wildlife Rescue Center v. County of Stanislaus (1996) 42 Cal.App.4th 608, a wildlife rescue center argued that because the County did not conduct some sort of statistical analysis of the combined purported environmental impacts, if any, of all other sand and gravel projects, past, present and future, along the river, the County could not properly adopt an MND for the subject project. ( Id. at p. 625.) The appellate court said no authority so holds, and the project opponent's real challenge was not that the County ignored impacts, but that it did not study them enough. The project proponents had presented evidence of no significant impact, and the opponents showed no evidence to the contrary. (Ibid.) "'We are aware of no authority supporting objectors' unstated premise that an initial study is inadequate unless it amounts to a full-blown EIR based on expert studies of all potential environmental impacts. If this were true, the Legislature would not have provided in CEQA for negative declarations.' " (Ibid .) The Fifth District endorsed the following comments from a CEQA treatise: "'There appears to be a difference between the "cumulative impacts" analysis required in an EIR and the question of whether a project's impacts are "cumulatively considerable" for purposes of determining whether an EIR must be prepared at all. . . .For the latter inquiry under Guideline section 15065(c), the lead agency decides whether the "incremental effects" of the project under review are "considerable." To do so, the agency considers the effects of other projects, but only as a context for considering whether the incremental effects of the project at issue are considerable. In other words, the agency determines whether the incremental impacts of the project are "cumulatively considerable" by evaluating them against the backdrop of the environmental effects of other projects. The question is not whether there is a "significant cumulative impact" but whether the effects of the "individual project are considerable."'" ( San Joaquin Raptor, supra, 42 Cal.App.4th 608, 623-624.)