California Court of Appeal

In a petition for writ of mandate under the California Environmental Quality Act challenging the certification of an environmental impact report (EIR) by the Board of Regents of the University of California regarding projected development of the Lawrence Berkeley National Laboratory, the partial grant of the petition is reversed where: 1) although an EIR must consider a reasonable range of potentially feasible alternatives and compare their environmental impacts, it did not have to identify and analyze alternatives that would not meet a project's objectives nor did it have to discuss every possible permutation of alternatives; 2) real parties in interest's rejection of an off-site alternative was supported by substantial evidence; and 3) petitioners failed to exhaust their administrative remedies on the issue of whether the regents were required to recirculate the draft EIR after adding a discussion made in response to public comments.

Appellate Information

• Argued 01/10/2005
• Decided 04/07/2010
• Published 04/07/2010

Judges

•  LANDAU, J., Before ARMSTRONG, Presiding Judge, and BREWER, Chief Judge, and LANDAU, Judge.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Thomas D'Amore, Portland, argued the cause for petitioner.   With him on the briefs was D'Amore & Associates, P.C.


• For Appellees:
  
• David L. Runner, Salem, argued the cause and filed the brief for respondents.