The Complex Business and Commercial Litigation Practice team of Lewis Brisbois’ Sacramento office secured a win for Farmland Protection Alliance’s appeal in 2021 before California’s Third Appellate District Court. The appeal emanated from a lower court’s decision in favor of Yolo County and its board of supervisors (defendants) which Farmland Protection Alliance, along with the Yolo County Farm Bureau (plaintiffs), alleged to have violated California’s Environmental Quality Act.
According to the merits of the case, the defendants issued a conditional permit to operate a project belonging to Field and Pond with Dahvie James and Phillip Watt, collectively referred to in the case as real parties in interest, to operate a bed and breakfast facility. The said facility would provide education to visitors about the project’s agricultural operations through an onsite crop production space. The plaintiffs alleged that the project would significantly impact certain species of animals.
The lower court agreed that three species of animals, namely, the golden eagle, the tricolored blackbird, and the valley elderberry longhorn beetle may have been impacted by the project. In its decision, the lower court ordered the defendants to submit an environmental impact report limited to the aforementioned animal species. Meanwhile, the court allowed the project to continue to proceed pending the defendants’ compliance to the order.
The plaintiffs appealed the lower court’s decision, saying that a partial environmental review violates the Environmental Quality Act. The appellate court favored the plaintiffs’ argument. In its decision, the appellate court found that the lower court erred in requiring partial environmental review, saying such a decision circumvents the law.
