Planning and Conservation League v. Department of Water Resources (2000)

PLANNING AND CONSERVATION LEAGUE et al., Plaintiffs and Appellants, v. DEPARTMENT OF WATER RESOURCES et al., Defendants and Respondents.

[Modification of Opinion (83 Cal.App.4th 892) on denial of petition for rehearing.]

THE COURT.- fn. †

It is ordered that the opinion filed herein on September 15, 2000, be modified as follows:

1. On pages 52 and 53 [83 Cal. App. 4th 926, advance report, 3d par.], delete the Disposition in its entirety and add the following in its place:

DISPOSITION

We reverse the judgment and remand the cause to the trial court. The trial court shall vacate the summary adjudication order on the fifth cause of action, issue a writ of mandate vacating the certification of the EIR, and determine the amount of the attorney fees to be awarded to plaintiffs. The trial court shall consider such orders it deems appropriate under Public Resources Code section 21168.9, subdivision (a), consistent with the views expressed in this opinion, and shall retain jurisdiction over this action until DWR certifies an EIR in accordance with CEQA standards and procedures that meets the substantive requirements of CEQA. fn. 16 Plaintiffs shall recover their costs on appeal. [84 Cal. App. 4th 315b]

There is no change in the judgment.

Appellants' petition for rehearing is denied.

FN †. Before Blease, Acting P. J., Raye, J., and Hull, J.

FN 16. We earlier declined to stay implementation of the Monterey amendments and transfer of the Kern Fan Element. Consequently, the project was permitted to proceed pending disposition of this appeal. The record does not reflect the current status of the project and, in the absence of such information, we shall issue no orders concerning further implementation of the project. The trial court, acting under the authority provided by Public Resources Code section 21168.9, is the more appropriate forum to consider and rule upon requests to enjoin all or portions of the project pending the completion of administrative and judicial proceedings necessitated by our opinion.