Judge Holmes Overturns Approval of 425 home development
because County EIR failed to consider pollution impact and mitigation measures
OrangeCrest, July 6, 2006 -- A
local court has finally recognized the serious health impacts of
overdevelopment in the inland area, striking down Riverside County
approval of a 425 house development in Mira Loma, location of the worst
air in the United States. Studies have repeatedly demonstrated
the serious health impacts of pollution, and especially diesel exhaust
particulate pollution. Although the impacts are on all age
groups, young children growing up in the inland area are severely
affected.
The case was brought by the environmental group, Center for Community
Action and Environmental Justice. The Center was represented by
Temecula environmental law firm Johnson & Sedlack. The
developer and real-party-in-interest is Industrial Developments
International, Inc. Both Riverside County and Industrial
Developments were represented by Snell & Wilmer of Costa Mesa.
CCAEJ argued that the EIR for the project failed to consider the health
impacts of local air pollution, failed to support its conclusions with
substantial evidence and failed to consider appropriate mitigation or
alternatives to the project (such as lower density development).
The case was heard by Riverside Superior Court judge Dallas Holmes.
Most of the relevant documents can be found online at the Riverside Superior Court's website. The case is entitled "Center for Community Action and Environmental Justice vs. County of Riverside", Case No. RIC 435510.