Friends of Eel River v. Sonoma County Water Agency

I. Introduction

In this appeal, we determine the sufficiency of an environmental impact report (EIR) prepared by defendant and respondent Sonoma County Water Agency (Agency) for a project increasing the Agency’s withdrawal of water from the Russian River. Appellants, Friends of the Eel River et al., 1 contend the EIR does not comply with the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.; Cal. Code Regs., tit. 14, § 15000 et seq. (CEQA)) 2 and violates certain planning laws. Appellants challenge the EIR on three primary grounds: (1) the EIR fails to adequately consider the project’s impacts and alternatives; (2) the EIR does not describe the project’s environmental setting accurately; and (3) the Agency did not comply with certain planning laws in its approval of the project. We conclude the EIR does not contain adequate cumulative impacts and alternatives analyses and its description of the project’s environmental setting is deficient. We reject appellants’ remaining arguments. Because the EIR is inadequate, the trial court erred in denying appellants’ petition for a writ of mandate vacating the Agency’s certification of the EIR and approval…

The majority opinion concludes that the description of the Potter Valley Project’s (Project) environmental setting is deficient “because it does not disclose either the impact on Eel River salmonid species of diverting water from the Eel River or the fact that FERC is considering proposals to curtail these diversions in order to prevent harm to these species.” (Maj. opn., ante, at p. 874.) Despite this conclusion, the majority holds that the harm caused to the salmonid species in the Eel River is not a “significant impact caused by this Project. . . .” (Maj. opn., ante, at p. 875.) I respectfully dissent from this portion of the opinion.

“Before the impacts of a project can be assessed and mitigation measures considered, an EIR must describe the existing environment. It is only against *883 this baseline that any significant environmental effects can be determined. ([Cal. Code Regs., tit. 14], §§ 15125, 15126.2, subd. (a).)” (County of Amador v. El Dorado County Water Agency (1999) 76 Cal.App.4th 931, 952 [ 91 Cal.Rptr.2d 66 ].) The majority recognizes that an adequate description of the Project’s environmental setting is necessary to insure that the EIR’s (environmental impact…

No appearance for Real Party in Interest and Respondent Pacific Gas and Electric Company.

In this appeal, we determine the sufficiency of an Environmental Impact Report (EIR) prepared by defendant and respondent Sonoma County Water Agency (Agency) for a project increasing the Agency's withdrawal of water from the Russian River. Appellants, Friends of the Eel River et al., [1] contend the EIR does not comply with the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq., Cal.Code Regs., tit, 14, § 15000 et seq. (CEQA)) [2] and violates certain planning laws. Appellants challenge the EIR on three primary grounds: (1) the EIR fails to adequately consider the project's impacts and alternatives; (2) the EIR does not describe the project's environmental setting accurately; and (3) the Agency did not comply with certain planning laws in its approval of the project. We conclude the EIR does not contain adequate cumulative impacts and alternatives analyses and its description of the project's environmental setting is deficient. We reject appellants' remaining arguments. Because the EIR is inadequate, the trial court erred in denying appellants' petition…