Sierra Club v. County of Napa

(2004) 121 Cal.App.4th 1490

The Court of Appeal affirmed that Napa County complied with CEQA when it certified a final EIR for a wine warehousing and distribution facility in an area designated for general industrial use near the Napa airport and found proposed alternatives economically infeasible. Sierra Club challenged the County’s rejection of project alternatives based on evidence from the project applicant that the alternatives were economically infeasible. The court rejected the petitioners’ arguments that CEQA requires evidence of economic feasibility to be presented within the EIR itself, and that information the agency receives relating to economic feasibility must be circulated for public review prior to the agency’s final decision on the project. The court further confirmed that agencies are to be afforded considerable deference in determining whether proposed projects are consistent with the agency’s general plan. [RMM Counsel of record: James G. Moose and Sabrina V. Teller]