Factual Background

In 2004, the El Dorado County Board of Supervisors adopted a general plan. With that plan, the county adopted a programmatic environmental impact report (PEIR). The PEIR indicated that the development contemplated under the county's new general plan would have significant and unavoidable impacts on the county's oak woodland habitat and wildlife. The 2004 general plan identified two policies—options A and B—to assist in mitigating the impacts to oak woodland habitat. 

A plan that alters regulations for the operation of a wastewater treatment plant that disposes of effluent into a Sierra Nevada foothills creek, rather than requiring improvements to the plant, has been upheld by the First District Court of Appeal.

Anglers and environmentalists sued over the plan, arguing state water quality regulators violated the California Environmental Quality Act and the Porter-Cologne Water Quality Control Act. But a unanimous three-judge panel of the First District, Division One, ruled for the government.