California  |  Environmental Law

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9/28/07, 3:38 pm

Legal Question


EIS Outdated?

My County Council is considering a controversial zoning change that would turn a 670 acre agricultural parcel into a 1,400 unit residential development. The EIS for the project is 19 years old. During that time the population of the county has nearly doubled, and the area around the project has seen huge increases in people, traffic, water usage, etc. There does not seem to be a legal requirement to update the EIS and public protest about using the old one is being ignored. Are there any cases, nationwide, addressing the matter of a project hanging around so long that the EIS is no longer valid. (The actual location of this is Maui, but there are not enough environmental attorneys in Hawaii for submission of this question to be meaningful in this forum, and ''entire US'' is not an option that is given.)


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