ELR Citation: ELR 20229
No(s). C049364 (Cal. App. 3d Dist. Nov 9, 2006)

A California appellate court upheld a county's environmental impact report (EIR) for a proposed sand, gravel, and granite mine located on ranchland near a stream. An environmental group argued that the county violated the California Environmental Quality Act (CEQA) by failing to include and analyze a slightly revised project description submitted by the applicant after the final EIR was prepared and by inadequately analyzing water supply issues. But CEQA does not per se require that a revised project description be included in the final EIR itself, and substantial evidence in the record demonstrated that the changed phasing of aggregate mining and reclamation was not significant new information requiring additional analysis in, or recirculation of, the final EIR. Further, the record contains sufficient evidence to support the county's findings that there would be sufficient water to supply the project's needs through its mining life and its reclamation requirements.