Pala Band of Mission Indians v. County of San Diego

The Pala Band of Mission Indians (Pala) appeals a judgment denying its amended petition for peremptory writ of mandate in which Pala *560 sought to vacate a negative declaration certified by the County of San Diego (County) under the California Environmental Quality Act (CEQA) (Pub. Resources Code, 1 § 21000 et seq.) in connection with the County’s adoption in September 1996 of a county wide integrated waste management plan (plan) mandated by the Integrated Waste Management Act of 1989 (the Waste Act) (§ 40000 et seq.) as a prerequisite for the development of new landfills in the County. As required by the Waste Act, the plan consists of (among other things) a countywide summary plan and a countywide landfill siting element.

The siting element describes and evaluates 10 “proposed” landfill sites that are only “tentatively reserved,” including Gregory Canyon, an area near the Pala Indian Reservation. The siting element also states the City of San Diego “anticipates” it will develop a new landfill on one of the sites, and a second landfill might be developed at Gregory Canyon.

Pala appeals, contending the County’s certification of the negative declaration was a…