Washoe Meadows Cmty. v. Dep't of Parks & Recreation

Good Law
17 Cal. App. 5th 277·225 Cal. Rptr. 3d 238
Court of Appeal of CaliforniaNovember 15, 2017A145576California4,899 words

Opinion

lead Opinion

Needham, J.

*281 The environmental impact report (EIR) is the "heart" of the California Environmental Quality Act (CEQA; Pub. Resources Code, § 21000 et seq. ). ( Cal. Code Regs., tit. 14, § 15003(a) [cited hereafter as Guidelines].) To ensure informed public participation in the CEQA process, agencies are required to circulate a draft EIR for public comment. The draft EIR in this case did not identify a proposed project, but described five very different alternative projects then under consideration. Consequently, the public was not provided with "an accurate, stable and finite" project description on which to comment. ( County of Inyo v. City of Los Angeles (1977) 71 Cal.App.3d 185 , 192-193, 139 Cal.Rptr. 396 ( County of Inyo ).) We affirm the trial court's order granting the petition for writ of mandate filed by respondent Washoe Meadows Community (Washoe), directing appellants the California Department of Parks and Recreation (the Department) and the California State Park and Recreation Commission (the *282 Commission) to set aside their approvals of the "Upper Truckee River Restoration and Golf Course Reconfiguration Project." ( Pub. Resources Code, § 21168.5.)

I. BACKGROUND

The…

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