Cadiz Land Co., Inc. v. Rail Cycle, LP

Appellant Cadiz Land Company, Inc. (Cadiz) challenges under the California Environmental Quality Act (CEQA) the County of San Bernardino’s certification of an environmental impact report and related approval of Rail Cycle, L.P.’s proposed landfill project (landfill). The proposed landfill site is located in the Mojave Desert region of San Bernardino County (County). Cadiz owns agricultural land within the near vicinity of the proposed landfill site, and asserts that the landfill will have significant adverse impacts on its agricultural operations and will contaminate the groundwater.

We conclude the failure to discuss in the EIR (environmental impact report) the volume of groundwater subject to contamination renders the EIR inadequate under CEQA. Because the EIR is deficient, a revised and recirculated EIR is necessary.

With regard to Cadiz’s other contentions, we conclude they are either without merit or moot. The County’s consolidated appeal of the trial court’s ruling denying the County’s motion for attorneys’ fees is also moot.

I. Statement of Facts and Procedural Background

We reserve a detailed account of the facts for the discussion portion of this opinion. A…