California Native Plant Society v. County of El Dorado

California Native Plant Society and others (Society) challenged El Dorado County’s approval of a congregate care project, alleging violations of the California Environmental Quality Act (CEQA; Pub. Resources Code, § 21000 et seq.) and El Dorado County’s general plan (General Plan), claiming the project will harm two rare plants. The trial court rejected all of the Society’s claims and it timely appealed.

In an effort to preserve rare plants and help developers plan projects, El Dorado County (the County) adopted by ordinance a program in which developers in a defined geographic area would pay a rare plant impact fee, and the money collected, along with money from other sources, would be used to create professionally managed rare plant habitats. The program has never itself been reviewed under CEQA, although it is described in the General Plan, which passed CEQA muster with a finding of overriding considerations.

The central issue is whether payment of the impact fee adequately mitigates the environmental impacts — as to plants — of all projects within the relevant area. More exactly, by paying the fee, does a developer establish entitlement to a mitigated negative…