California Court of Appeal

Trial court's denial of plaintiffs' petition for a writ of mandate seeking to compel the Regents of the University of California to rescind certification of an environmental impact report (EIR) prepared for seven related projects at the University of California at Berkeley, and its approval of the proposed student athlete center, is affirmed where: 1) while the athlete center is subject to the Alquist-Priolo Act based on its proposed location within an earthquake fault zone, the Regents could properly find the athlete center will not be an "addition" or "alteration" to the University's California Memorial Stadium as defined by the statute, and thus is not subject to the statute's value restrictions on certain projects coming within those definition; and 2) Regents acted in accordance with CEQA in certifying the EIR because it contains sufficient information regarding the projects' likely environmental impacts, as well as feasible alternatives to or mitigation measures for those projects to avoid or minimize the identified impacts.

Appellate Information

• Decided 09/03/2010
• Published 09/03/2010

Judges

• Jenkins

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Stephan C. Volker, Paul D. Fogel