VIII. California Environmental Quality Act

The possible applicability of the California Environmental Quality Act (CEQA)⁶⁸ was among the topics discussed at the PHC. The resulting scoping memo provided the parties with an opportunity to file motions or other pleadings concerning the applicability of CEQA to the relief requested in this proceeding. On January 16, 2004, the Water Division filed a Motion for Determination of Applicability of CEQA, a pleading specifically authorized by Rule 17.2. The Water Division argued that CEQA does not apply to this proceeding because it is an enforcement action. Conlin-Strawberry responded on January 30, 2004, arguing that CEQA does apply.

In my ruling of March 22, 2004, I determined that nothing in the record indicates that the Commission's efforts to secure the appointment of a receiver, under Section 855, for Conlin-Strawberry will result in a direct or reasonably foreseeable indirect physical change in the environment. Nothing in the record following the evidentiary hearing changes my view. The Commission's efforts to secure the appointment of a receiver, under Section 855, for Conlin-Strawberry is not a project under CEQA. Even if the Commission's efforts to secure the appointment of a receiver were determined to be a project, the Commission's actions would be categorically exempt as a Class 21 exemption under CEQA Guidelines.⁶⁹ I, therefore, granted the Water Division's motion. For these reasons, I also decline to change my earlier ruling.