Category: Responsible Agencies

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Poseidon’s Desalination Plant’s Supplemental EIR Holds Water According to the Court of Appeal

In California Coastkeeper v. State Lands Commission, the Third District Court of Appeal upheld the State Lands Commission’s decision to prepare a supplemental environmental impact report (EIR) for a desalination plant in Huntington Beach, overturning an earlier trial court ruling that invalidated the EIR.  Limited changes to a desalination project were proposed in order to … Continue Reading

First Appellate District Approves Responsible Agency’s Imposition of Mitigation Not Considered in the EIR

In an opinion filed on December 29, 2020, the First Appellate District in Santa Clara Valley Water District v. San Francisco Bay Regional Water Quality Control Board upheld a Responsible Agency’s imposition of additional mitigation more than a year after it had issued an initial approval for the project.  Although the court was careful to … Continue Reading
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