The environmental impact report for a proposed human waste composting facility in San Bernardino County has been rejected by the Fourth District Court of Appeal for failure to examine an alternative facility that would be enclosed rather than open-air, as proposed. In addition, the court ruled the county should have completed a water supply assessment for the project.

After recently clearing its docket of California Environmental Quality Act cases, the state Supreme Court has accepted a new CEQA case for review.

Is this the year that CEQA goes down in a flaming pile of EIRs and writs? The year when unwashed masses of tree huggers watch helplessly as greedy developers pave paradise to put up parking lots? Probably not, but there is no doubt the California Environmental Quality Act is under attack these days.

Legislation to weaken CEQA is pending in Sacramento, and a ballot measure that would prohibit citizen lawsuits based on CEQA has received clearance for signatures. The CEQA haters argue that the law is stifling California's economy. (You can swap "AB 32" or "SB 375" into that sentence if you want, but that's for another article.)

0-and-4. That's the Third District Court of Appeal's record in California Environmental Quality Act cases at the state Supreme Court since 2007.

Earlier this month, in Stockton Citizens for Responsible Planning v. City of Stockton (see CP&DR Legal Digest, March 15, 2010), the state Supreme Court unanimously reversed a Third District ruling regarding the statute of limitations for filing a lawsuit that challenges a city's notice of exemption from CEQA review.

The California Supreme Court has ruled that a project's air impacts are to be measured against existing ambient conditions, not against a permitted level of operations for the emitter.