Mitigation

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Almost four years after the Marin Municipal Water District (MMWD) certified an environmental impact report (EIR) and approved a five million gallon a day desalination plant project, the Court of Appeal, First District, in a published opinion (N. Coast Rivers Alliance v. Marin Mun. Water Dist. Bd. of Dirs. (2013) 2013 Cal.App.LEXIS 401), reversed…

In Creed 21 v. City of Glendora (Feb. 19, 2013) 2013 Cal.App.Unpub.LEXIS 1193, the Second District Court of Appeal upheld the trial court’s denial of Creed-21’s (Creed) petition for a writ of mandate against the City of Glendora.  Creed contended the Environmental Impact Report (EIR) for the approval of an expansion of an existing Wal-Mart…

In Habitat v. City of Santa Cruz (Feb. 19, 2013) 2013 Cal.App.LEXIS 128, the Sixth District Court of Appeal reversed the trial court decision and ordered the City of Santa Cruz (City) to vacate its certification of the final EIR and approval of a project because the EIR failed to discuss any feasible project alternatives…

In  Save Cuyama Valley v. County of Santa Barbara (Jan. 10, 2013) 2013 Cal.App.LEXIS 212, the Sixth District Court of Appeal issued a decision upholding the trial court’s denial of Save Cuyama Valley’s (Save Cuyama) petition for a writ of mandate against the County of Santa Barbara (County).  Save Cuyama contended that the Environmental Impact…

In Preserve Wild Santee v. City of Santee (2012) 2012 Cal. App. LEXIS 1091, petitioners challenged the City of Santee’s (City) certification of a final environmental impact report (EIR) for a development project in the City, claiming the project violated the California Environmental Quality Act (CEQA) in several ways.  The trial court found merit in…

UPDATE: On August 27, 2012, the Fourth Appellate District Court certified Rialto Citizens for Responsible Growth v. City of Rialto (2012) 2012 Cal. App. LEXIS 849 for full publication.

In a decision certified for partial publication, Rialto Citizens for Responsible Growth v. City of Rialto (2012) 2012 Cal. App. LEXIS 849, the Fourth Appellate District…

The City of Hayward v. Board of Trustees of the California State University, 2012 Cal. App. LEXIS 761, publication status was recently changed from unpublished to published on June 28, 2012. The Board of Trustees of the California State University (Trustees) approved a master plan to guide the expansion of the Hayward campus. The…

In an unpublished decision, City of Hayward v. Board of Trustees of the California State University, 2012 Cal. App. Unpub. LEXIS 4097, the Board of Trustees of the California State University (Trustees) wished to expand its Hayward campus in order to meet its assigned enrollment ceiling.  In 2009, the Trustees approved a master plan…

California State University (CSU) adopted a master plan to expand its San Diego campus. In its EIR, CSU identified mitigation measures to help alleviate traffic impacts. However, CSU ultimately rejected offsite traffic mitigation measures because it could not ensure that the Legislature would provide money to fund the mitigation. The City of San Diego (City)…