Stanislaus Natural Heritage Project v. County of Stanislaus

In Stanislaus Natural Heritage Project v. County. of Stanislaus (1996) 48 Cal.App.4th 182, environmental groups challenged Stanislaus County's approval of an EIR for a 5,000-unit residential development and resort. Though the development lacked an on-site water source and required more than 10 million gallons of water per day, the EIR lacked "any analysis of significant environmental effects of supplying that water." (Id. at p. 186.) The court found that the EIR's failure to address the issue undermined the "fundamental" informational purpose of CEQA. (Id. at p. 195.) The county "could not make an informed decision on whether to adopt the plan without being informed, to some reasonable degree, of the environmental consequences of supplying water to a 5,000 residential unit development which has no on-site water source." (Id. at p. 199.) The court accordingly held that the EIR was inadequate. (Id. at pp. 205-206.) The Court of Appeal reversed the judgment denying the petition for a writ of mandate asking the superior court to set aside the certification of the EIR. The Court of Appeal found the program EIR deficient because it failed to address the procurement and impacts of a permanent water supply. The court explained: "The County in essence approved an EIR for a 25-year project when water for the project had not been assured beyond the first 5 years of the 15-year first phase of the project. The County knew neither the source of the water the project would use beyond the first five years, nor what significant environmental effects might be expected when the as yet unknown water source (or sources) is ultimately used." (Id. at p. 195.) The court concluded: "In our view, the County's approval of the project under these circumstances defeated a fundamental purpose of CEQA: to 'inform the public and responsible officials of the environmental consequences of their decisions before they are made.' The CEQA EIR process 'protects not only the environment but also informed self-government.' " (Stanislaus Natural Heritage Project v. County of Stanislaus, supra, 48 Cal. App. 4th at p. 195.)