Case


Galante Vineyards v. Monterey Peninsula Water District (1997) 60 Cal.App.4th 1109

http://ceres.ca.gov/ceqa/cases/1997/galante.html

The Sixth District Court of Appeal held that an EIR prepared for the proposed New Los Padres Dam in Monterey County was inadequate for failing to adequately describe Cachagua Valley vineyards and wineries as part of its environmental setting. "Due to the inadequate description of the environmental setting for the project, a proper analysis of project impacts was impossible."

The Court noted that the Water District's attempt to cure the EIR defects by an addendum prepared during the course of litigation was without import, since the issue before the Court was the adequacy of the underlying EIR. "The District has no discretion to cure an inadequate EIR by means of a subsequent EIR or an addendum." The Court ordered that the certification of the inadequate EIR be voided. The Court also affirmed the award of attorney's fees with a multiplier.

The dam was not built.


Vineyards in Cachagua Valley

 
  copyright 2017, Brandt-Hawley Law Group