San Bernardino Valley Audubon Society v. Metropolitan Water District

In San Bernardino Valley Audubon Society v. Metropolitan Water Dist. (1999) 71 Cal.App.4th 382 [ 83 Cal.Rptr.2d 836 ], we reversed a trial court judgment which approved a mitigated negative declaration for a project consisting of the adoption of the Lake Mathews Multiple Species Habitat Conservation Plan and Natural Community Conservation Plan (MSHCP/NCCP or Project). We found that the record contained substantial evidence to support a fair argument that the Project may have a significant effect on the environment. We therefore concluded that the California Environmental Quality Act (CEQA) required the preparation of an environmental impact report (EIR).

On remand, the trial court reconsidered the matter and entered judgment granting the peremptory writ of mandate on January 20, 2000. It also issued a peremptory writ of mandate which was filed simultaneously.

The peremptory writ of mandate ordered respondent Metropolitan Water District of Southern California to set aside its resolution adopting a mitigated negative declaration for the Project. It also ordered respondent Metropolitan Water District and respondent California Department of Fish and Game to “cease issuance…