April 2007

Can a layman’s opinion on the environmental impacts of a development project serve as a basis for a court to find that a mitigated negative declaration (MND) (CEQA § 21064.5) is inadequate? That was the question posed in Landwatch Monterey County v. County of Monterey, 55 Cal.Rptr.3d 34 (Cal.App 76 Dist., 1/23/2007) (Rushing, P.J.), when plaintiff offered opinions from two people who, at first glance, appeared to have some expertise on the subject of water resources.

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