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Emergency is an Event - Not a Condition In Western Municipal Water District of Riverside County v. Superior Court of San Bernardino County (1987) 187 Cal. App. 3d 1104, the court held that an emergency is an occurrence, not a condition, and that the occurrence must involve a clear and imminent danger, demanding immediate attention. In this case, the water district proposed to dewater areas that could potentially be subject to liquefaction in the event of an earthquake. The excess water was to be pumped out to reduce the hazard as an emergency project. The court, however, ruled that this was not the proper use of this exemption. The imminence of an earthquake is not a condition but a potential event and no real change had yet occurred or could be incontestably foreseen as being mitigated by the proposed actions. The standard of review is there must be substantial evidence in the record to support the agency findings of an emergency, in this case, the Court found inadequate evidence of imminent danger and the subsequent need for immediate action. |