Court Rejects Certification of EIR for Inadequate Project Description, Baseline Assumptions, and Improperly Deferred Mitigation

April 20, 2007, by Meyers Nave

In San Joaquin Raptor Rescue Center v. County of Merced, the Court of Appeal ordered that the County’s certification of an EIR for expansion of mine operations be vacated, finding that the EIR’s project description and baseline assumptions were inadequate, and that the EIR improperly deferred mitigation by allowing for the future development of a land management plan to address biological impacts.

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