The Sierra Club decision affects both the preparation of EIRs and judicial review of agency decisions certifying EIRs.
Key Points:
..An environmental impact report’s (EIR) discussion of potential environmental impacts must include sufficient detail to enable those who did not participate in its preparation to understand and consider the issues the proposed project raised.
..The issue of whether a discussion in an EIR is sufficient is a mixed question of law and fact subject to de novo review, though underlying factual determinations in an EIR are subject to a more deferential standard.
..An EIR must either make a reasonable effort to correlate a project’s significant air quality impacts to potential health consequences, or explain why providing such an analysis is not feasible.
Please see full publication below for more information.