California, United States of America
The following excerpt is from Bowman v. City of Petaluma, 185 Cal.App.3d 1065, 230 Cal.Rptr. 413 (Cal. App. 1986):
9 The court didn't distinguish between the propriety of requiring a subsequent EIR and the legal sufficiency of an original EIR. We question the applicability of section 21166 where the original EIR has not been finally certified as complete. (See Stevens v. City of Glendale, supra, 125 Cal.App.3d at p. 999, 178 Cal.Rptr. 367 [where certification of EIR was vacated, it would be "premature" to require a supplemental EIR]; 21166, subd. (c) [subsequent EIR may be prepared where information was not available when the original EIR was "certified as complete"].)
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