MWD

The San Bernardino Valley Audubon Society (Audubon) filed a petition for writ of mandate which sought to compel the Metropolitan Water District of Southern California (MWD), the California Department of Fish and Game, and the Riverside County Habitat Conservation Agency (collectively, the agencies) to prepare an environmental impact report under the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) (CEQA) for a project on MWD land at Lake Mathews in Riverside County.

The trial court declined to order preparation of an environmental impact report, finding that a mitigated negative declaration was adequate.

Audubon appeals, contending that the record contains sufficient evidence of the requisite “fair argument” that the project may have a significant effect on the environment. The agencies contend that there is no substantial evidence in the record to support a fair argument because any significant impacts have been or could be mitigated to a level of insignificance.

A second cause of action in the petition for writ of mandate alleges that the project is intended to provide the basis for the issuance of incidental “take” permits under the…