California Court of Appeal
California Clean Energy Committee v. City of San Jose, H038740
Summary judgment in favor of defendant-city on plaintiff's challenge to defendant's certification and approval of an environmental impact report (EIR) analyzing the potential environmental effects of a proposed update to defendant's general plan prepared pursuant to the California Environmental Quality Act (CEQA), is reversed, where: 1) the city council improperly delegated CEQA certification duties to the planning commission; and 2) plaintiff adequately exhausted its administrative remedies.
Appellate Information
- Decided 10/29/2013
- Published 10/29/2013
Judges
- PREMO
Court
- California Court of Appeal