Environmental Council of Sacramento v. County of Sacramento

(1982) 135 Cal.App.3d 428

The Court of Appeal held that, once a lead agency has certified and adopted an EIR, the agency cannot change the document’s conclusions regarding the significance of environmental impacts without substantial evidence supporting such changes.  The Board of Supervisors had, after certification of an EIR concluding that the project would result in significant impact on agricultural land, substituted its own judgment regarding the significance of the impact and concluded that the impact was less than significant.  There was, however, no evidence supporting this change in the impact classification.  I was lead counsel for this matter.

[TLG counsel of record: Tina A. Thomas.]