My colleague, Barbara Brenner, posted an environmental law alert on the recently published CEQA decision issued by the California Third District Court of Appeal in Mount Shasta Bioregional Ecology Ctr. v. County of Siskiyou, No. C064930, 2012 Cal. App. LEXIS 1088 (Cal. Ct. App. Sept. 26, 2012). The case is significant because it provides precedent for a lead agency and project proponent to reject project alternatives that are not feasible, thus avoiding the time and cost of analyzing infeasible alternatives. In addition, the Court concluded that analysis of the project and the No Project alternative constituted a reasonable range of alternatives where the agency could identify no other feasible alternatives. Based on the Court’s determination, a record clearly showing there is no feasible project alternative can be upheld.
