No Wetlands Landfill Expansion v. County of Marin CA1/4

I.

FACTUAL AND PROCEDURAL

BACKGROUND

This is the second time we have been asked to weigh in on the validity of the certification of the EIR permitting the expansion of the Redwood Landfill. In 2012, we concluded that the certification was not appealable to the Marin Board of Supervisors, and we remanded the case to the trial court to resolve any challenges to the adequacy of the EIR. (No Wetlands Landfill Expansion v. County of Marin (2012) 204 Cal.App.4th 573, 580, 586-587 (No Wetlands I).) In this appeal, we consider the trial court’s rulings on those challenges. Much of the factual background was discussed in No Wetlands I, and we briefly summarize it here. Redwood Landfill, Inc. operates the Redwood Landfill on a 420-acre site near the Petaluma River. The landfill “began receiving waste in 1958,” and it accepts most of Marin County’s solid waste. It has a solid-waste-facilities permit issued under the California Integrated Waste Management Act of 1989 (the permit). (§ 40000 et seq.) In 1992, appellant Marin County Environmental Health Services (Marin EHS) was certified to be the local enforcement agency by the California Department of Resources Recycling and Recovery…