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No Wetlands Landfill Expansion v. County of Marin

Filing Date: 2009
Case Categories:
  • Adaptation
    • Reverse Impact Assessment
  • State Law Claims
    • State Impact Assessment Laws
Principal Laws:
California Environmental Quality Act (CEQA)
Description: Challenge to landfill expansion.
  • No Wetlands Landfill Expansion v. County of Marin
    Docket number(s): A137459
    Court/Admin Entity: Cal. Ct. App.
    Case Documents:
    Filing Date Type File Action Taken Summary
    12/12/2014 Opinion Download Opinion issued reversing trial court's granting of petition for writ of mandate. The California Court of Appeal reversed a trial court and ruled that an environmental impact report (EIR) for a proposed landfill expansion was adequate, including the EIR’s consideration of climate change-related impacts. The case concerned the 420-acre Redwood Landfill in Marin County, which accepts most of the county’s solid waste. The appellate court found that the EIR did not improperly defer mitigation of projected sea- level rise. The court said that, given uncertainty regarding the timing and extent of sea- level rise, the measures required by the EIR were “specific enough” to address potential future impacts. The appellate court also concluded that the EIR sufficiently analyzed cumulative greenhouse gas emissions. The court said that the California Environmental Quality Act did not mandate that the EIR analyze all methane-producing landfills or the cumulative impacts of all “related projects” on greenhouse gas emissions. In addition, the appellate court found that substantial evidence supported methods used to estimate landfill gas emissions and that the EIR properly offset an increase in greenhouse gas emissions with a reduction of greenhouse gas emissions due to the use of engines fired by landfill gas.

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

The materials on this website are intended to provide a general summary of the law and do not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.