South Orange County Wastewater Authority v. City of Dana Point

Opinion

BEDSWORTH, J.

INTRODUCTION

We confront here the converse of our usual California Environmental Quality Act (CEQA; Pub. Resources Code, § 21000 et seq.) issue. Here, we are asked to order an environmental impact report, not to assess the impact of a proposed project on the present environment, but to assess the impact of the present environment upon a proposed project. The argument is that the environment needs to be cleaned up to make it suitable for the project, rather than vice versa.

Petitioner South Orange County Wastewater Authority (SOCWA) appeals from a judgment of the superior…