Archives: September 2011

First District Court of Appeal Finds County’s Failure to Give Air Quality District Notice of Intent to Issue Mitigated Negative Declaration Was Not Prejudicial

Schenck v. County of Sonoma (Aug. 26, 2011) __Cal.App.4th__ (Case No. A129646) involves an appeal from a challenge to the County of Sonoma’s adoption of a mitigated negative declaration (MND) for a beverage distribution facility. The trial court held the County failed to furnish proper notice of its intent to adopt the MND to the Bay Area Air Quality Control District (BAAQCD). The trial court did not find any other violations of CEQA, including with respect to the County’s adoption of an MND, rather than an environmental impact report (EIR), for the project. Following the County’s filing of a return to the writ and the trial court’s entry of final judgment, petitioner appealed, arguing the County violated CEQA’s notice requirements and that an EIR should have been prepared for the project. The Court of Appeal rejected petitioner’s claims. Continue reading