by John Sammon : legalnewsline
SAN FRANCISCO (Legal Newsline) – Two Sonoma County vintners received a judgment in favor of their proposed wine making operation when an appeal by the Sierra Club was turned back by the state’s 1st Appellate District Court of Appeals.
The court found in favor of the defendants Ronald and Ernest Ohlson, operators of the Ohlson Ranch, who applied for a permit to turn grazing land on their property into a grape vineyard. The Agricultural Commissioner of Sonoma County (commissioner) issued the permit after making a determination the issuance was a “ministerial” act, and therefore exempt from California Environmental Quality Act (CEQA) standards…
However, the court determined the permit was ministerial in nature because unless a public agency could shape the proposed project in some way that would respond to concerns raised in an EIR (Environmental Impact Report), the environmental review would be a “meaningless exercise.” CEQA customarily does not apply to non-discretionary (ministerial) projects. A ministerial approval simply involves a comparison of a project with specific standards or checklists…(more)