Supreme Court of California

In a challenge to an environmental impact report (EIR) prepared by the Board of Trustees of the California State University involving a plan to expand a campus on a former army base, a court of appeals judgment in favor of the trustees is reversed pursuant to a claim that certification of the EIR despite certain remaining, unmitigated effects was an abuse of discretion under the California Environmental Quality Act (CEQA).

Appellate Information

• Decided 07/31/2006
• Published 07/31/2006

Judges

• WERDEGAR, J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
• Horvitz & Levy, John A. Taylor, Jr., Patricia Lofton, Encino;  Miller, Starr & Regalia, Basil S. Shiber, Walnut Creek, and Christian M. Carrigan, for Defendant and Appellant., James E. Holst, Oakland, Alan C. Waltner, San Francisco, and Jeffrey A. Blair, Oakland, for The Regents of the University of California as Amicus Curiae on behalf of Defendant and Appellant., Miller Brown & Dannis, Marilyn J. Cleveland, Chad J. Graff and Kenneth S. Levy, San Francisco, for Coalition for Adequate School Housing as Amicus Curiae on behalf of Defendant and Appellant., Lombardo & Gilles, Sheri L. Damon;  Law Offices of Robert Wellington and Kenneth D. Buchert, Monterey;  Law Offices of Mary L. Hudson, Mary L. Hudson, for Plaintiffs and Respondents., Manuela Albuquerque, City Attorney (Berkeley) and Zach Cowan, Assistant City Attorney, for League of California Cities and California State Association of Counties as Amici Curiae on behalf of Plaintiffs and Respondents., McDonough Holland & Allen, Harriet A. Steiner and Kara K. Ueda, Sacramento, for City of Davis as Amicus Curiae on behalf of Plaintiffs and Respondents., Law Offices of Donald B. Mooney, Donald B. Mooney, Davis;  Law Offices of Marsha A. Burch and Marsha A. Burch, for San Joaquin Raptor Rescue Center, Protect Our Water and Central Valley Safe Environmental Network as Amici Curiae on behalf of Plaintiffs and Respondents., Norma Turner, Mary-Alice Coleman, Sacramento, and Jeffrey A. Diamond, West Sacramento, for West Davis Neighbors as Amicus Curiae on behalf of Plaintiffs and Respondents.