California Court of Appeal

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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

Counsel