In Arcadians for Environmental Preservation v. City of Arcadia (2023) 88 Cal.App.5th 418, the Second District Court of Appeal found no error in a trial court ruling that there had been a failure to exhaust administrative remedies where project opponents merely raised general environmental objections without identifying any reason why the agency could not
In Stop Syar Expansion v. County of Napa (2021) 63 Cal.App.5th 444, the First District Court of Appeal upheld Napa County’s Environmental Impact Report (EIR) for the expansion of Syar Industries, Inc.’s aggregate mining operations at a local quarry. Citizen group Stop Syar Expansion (“SSE”) filed a Petition for Writ of Mandate under CEQA claiming that the EIR was deficient on 16 counts, including in its analysis of greenhouse gas emissions, water usage baseline, water quality, and general plan consistency. The trial court denied the Petition for Writ of Mandate, and SSE appealed, raising five issues. The Court of Appeal affirmed, holding that SSE did not exhaust administrative remedies because it failed to raise specific issues in the administrative proceedings as required by the Napa County Code. Additionally, the Court denied SSE’s general plan consistency claim under CEQA, holding that general plan consistency is properly reviewed with traditional mandamus under Code of Civil Procedure section 1085.