Save Panoche Valley v. San Benito County

Appellants Save Panoche Valley, Santa Clara Valley Audubon Society, and Sierra Club (collectively Save Panoche Valley) appeal from a trial court’s order denying their petition for writ of mandate. Save Panoche Valley challenged respondent San Benito County’s (hereafter County) certification of an environmental impact report (EIR) regarding a proposed solar power development in the area and the County’s cancellations of Williamson Act (Gov. Code, § 51200 et seq.) contracts. Respondents and real parties in interest Solargen Energy, Inc., Solargen Energy DE, PV2 Energy, LLC, PF2 Energy Holdings, LLC, and Nevo Energy, Inc. (collectively Solargen), are the developers of the proposed solar project.

For reasons set forth below, we find no error with the County’s certification of the EIR or its cancellation of the Williamson Act contracts. We affirm the judgment.

Factual and Procedural Background

Panoche Valley and the Proposed Project Site

The proposed site of the Panoche Valley Solar Farm (PVSF) Project is located approximately 0.75 miles north of Panoche Road and Little Panoche Road in San Benito County. The site is approximately two miles southwest of the Fresno County…