California Court of Appeal

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Citizens Against Airport Pollution v. City of San Jose, H038781

The trial court properly denied plaintiff's petition for a writ of mandamus brought pursuant to the California Environmental Quality Act (CEQA) challenging the eighth addendum to the 1997 environmental impact report (EIR) for defendant-city's International Airport Master Plan, where: 1) there is substantial evidence in the administrative record showing that the amendments to the Airport Master Plan that are addressed in the eighth addendum will not result in any new significant impacts on noise, air quality, and the burrowing owl habitat that are substantially different from those described in the 1997 EIR and the 2003 supplemental EIR; and therefore, 2) the proposed changes to the Airport Master Plan that are addressed in the eighth addendum do not constitute a new project that requires a new EIR.

Appellate Information

  • Decided 07/02/2014
  • Published 07/02/2014

Judges

  • BAMATTRE-MANOUKIAN

Court

  • California Court of Appeal

Counsel

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