Ninth Circuit Upholds EIS for Tahoe Regional Planning Agency’s Regional Plan Update

On November 2, 2016, the Ninth Circuit Court of Appeals issued a published opinion upholding the Tahoe Regional Planning Agency’s environmental impact statement (EIS) for TRPA’s Regional Plan Update. The panel unanimously affirmed the district court’s summary judgment in favor of TRPA and against the Plaintiffs Sierra Club and Friends of West Shore. The published opinion explains that TRPA’s EIS adequately addressed the Regional Plan Update’s significant environmental impacts and that TPRA’s reliance on best management practices to reduce water quality impacts was not arbitrary or capricious and was supported by substantial evidence. The panel also affirmed the district court’s award of costs for preparation of the administrative record in favor of TRPA. The ruling is a significant step in TRPA’s efforts to restore Lake Tahoe’s treasured environment and revitalize Tahoe’s communities. RMM attorneys Whit Manley and Chip Wilkins represent TPRA in the litigation.

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