Superior Court Strikes Down the Marin County Housing Element SEIR for Violating CEQA
The Marin Community Alliance filed its legal challenge against the Board of Supervisors County Housing Element SEIR in Oct. 2013 on the grounds that it failed to comply with State Environmental Quality Act requirements. In a long awaited court ruling, Marin Superior Court Judge Roy Chernus ruled in favor of the MCA and ordered that the County Housing Element SEIR, approved by the Board of Supervisors in 2013, be set aside as invalid unless the County conducts additional study and analysis.
The Court’s Conclusion:
“The court finds that the Housing Element SEIR violated CEQA by not conducting its own environmental analysis for the significant traffic impacts discussed above, which impact was not adequately covered in the prior CWP EIR. The petition is granted on this ground…. “
Pursuant to Pub Res Code 21168 (9)b, it is ordered that a preemptory writ of mandate shall issue directing Respondent County to set aside the certification of the SEIR, the Approvals for the Housing Element and its Statement of Overriding Considerations, and take no further action until Respondent conducts the necessary environmental review consistent with CEQA” (California Environmental Quality Act) “… and to recirculate that new document as necessary.”