Alliance for the Protection of the Auburn Community Environment v. County of Placer CA3

DISCUSSION

I Standard of Review A demurrer tests the legal sufficiency of the petition. Our determination whether the petition states a viable cause of action therefore is de novo. A demurrer admits the truth of all material factual allegations, which we read as a whole and to which we give a reasonable interpretation. (Alliance, supra, 215 Cal.App.4th at p. 29.) We independently construe the meaning of statutes and regulations, as they present questions of law, and if no liability exists as a matter of law we must affirm the trial court’s order sustaining the demurrer. (City of Morgan Hill v. Bay Area Air Quality Management Dist. (2004) 118 Cal.App.4th 861, 870.) II Jurisdiction Once an EIR has been certified, there is a statutory presumption against requiring further environmental review of the same project. (Moss v. County of Humboldt (2008) 162 Cal.App.4th 1041, 1049-1050.) Public Resources Code section 21166 provides:

3 “When an [EIR] has been prepared for a project pursuant to this division, no subsequent or supplemental [EIR] shall be required by the lead agency or by any responsible agency, unless one or more of the following events occurs: [¶] . . . [¶] (c) New…