Riverwatch

Riverwatch v. County of San Diego Department of Environmental Health

Good Law
175 Cal. App. 4th 768·2009 Cal. App. LEXIS 1082·96 Cal. Rptr. 3d 362
Court of Appeal of CaliforniaJune 12, 2009D049216California5,711 words

Opinion

Opinion

Huffman, J.

This appeal and the companion appeal, RiverWatch v. County of San Diego Dept. of Environmental Health (June 12, 2009, D048259) (nonpub. opn.), are the latest in the lengthy course of litigation that followed 1994 voter approval of Proposition C, an initiative which paved the way for construction and operation of a privately owned solid waste facility in northern San Diego County. (San Diego County Sample Ballot & Voter Information Pamp., Gen. Elec. (Nov. 8, 1994) Prop. C.) In the underlying action giving rise to these two appeals, plaintiffs RiverWatch, the Pala Band of Mission Indians (Pala Band), and the City of Oceanside (Oceanside) sought a writ of mandate alleging that defendants County of San Diego Department of Environmental Health and Gary Erbeck, Director of the County of San Diego Solid Waste Local Enforcement Agency (collectively DEH), violated the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) (CEQA), Proposition C, the San Diego County general plan, and the California Code of Regulations when they approved various aspects of the landfill project. The trial court granted the petition in part and denied it in part.

In case No.…

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