No Wetlands Landfill Expansion v. County of Marin
Published: Jan. 26, 2013 | Result Date: Dec. 20, 2012 | Filing Date: Jan. 1, 1900 |Case number: CIV 090198 Bench Decision – Petition Granted
Facts
The County of Marin certified an environmental impact report (EIR) that would further expand the expansion of Redwood Landfill in Novato. No Wetlands Landfill Expansion filed a lawsuit challenging the certification. The proposed expansion would have boosted capacity of the landfill by 6 million cubic yards to a total capacity of 25 million cubic yards.
Result
Marin Superior Court Judge Lynn Duryee invalidated the EIR upon finding that it did not include a discussion of the cumulative effect of greenhouse gas emissions as required by law, that it did not adequately discuss non-cancer health effects of air pollutant emissions as required by law; that it improperly deferred formulation of mitigation measures for the impact of flooding in violation of law; that Defendants improperly deferred mitigation of the impact of groundwater contamination inconsistent with law; and that the EIR did not adequately describe offsite alternatives to the project as required by law.
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