![]() ![]() Best & Krieger, Michelle Ouellette and Sarah E. Smith for Defendants and Respondents County of San Bernardino and Board of Supervisors of County of San Bernardino. University of California, Irvine School of Law Environmental Law Clinic and Michael Robinson-Dorn for Plaintiff and Appellant National Parks Conservation Association. Keats for Plaintiffs and Appellants Center for Biological Diversity, San Bernardino Valley Audubon Society, and Sierra Club, San Gorgonio Chapter. Keats, Chelsea Tu Center for Food Safety and Adam F. ![]() Center for Biological Diversity, Aruna M. Appeals from a judgment of the Superior Court of Orange County, Gail Andrea Andler, Judge. OPINION COUNTY OF SAN BERNARDINO et al., Defendants and Respondents CADIZ, INC., et al., Real Parties in Interest and Respondents. Having reviewed the EIR and related documents, the Court of Appeal concluded the trial court did not err in denying the application for a writ of mandate.įiled 5/10/16 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE CENTER FOR BIOLOGICAL DIVERSITY et al., G051058 Plaintiffs and Appellants, (Super. On appeal, appellants contended: (1) Santa Margarita was improperly designated as the lead agency for the Project, and that this error so tainted the environmental review process that such designation requires preparation of a new environmental impact report (EIR) (2) the EIR's project description was inaccurate and misleading because the Project was described as a means of conserving water, but would not save from evaporation an amount of water equal to the amount being pumped from the aquifer over the life of the Project (3) the EIR was misleading because it did not provide an accurate duration for pumping by the Project and (4) the Project would pump more water from the aquifer than was contemplated by and discussed in the EIR. The named respondents were the Santa Margarita Water District (as the lead agency for the Project) the Board of Directors of the Santa Margarita Water District the County of San Bernardino, a responsible agency for the Project (the County) and the Board of Supervisors of the County of San Bernardino. ![]() In this case, the Center for Biological Diversity, San Bernardino Valley Audubon Society, and Sierra Club, San Gorgonio Chapter (collectively, CBD), and the National Parks Conservation Association (National Parks) filed a petition for a writ of mandate in the trial court, challenging the approval of the Project under the California Environmental Quality Act (CEQA). The aquifer was located below real property owned by Cadiz, Inc. This appeal was one of six related cases arising out of a proposed project to pump fresh groundwater from an underground aquifer in the Mojave Desert (the Project). ![]()
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