Supreme Court of California

Under some circumstances an agency's agreement allowing private development, conditioned on future compliance with the California Environmental Quality Act (CEQA), constitutes approval of the project that must be preceded by preparation of an environmental impact report (EIR) under Pub. Resources Code sections 21100 and 21151. In this case, the City of West Hollywood's conditional agreement to sell land for private development, coupled with financial support, public statements, and other actions by its officials committing the city to the development was, for CEQA purposes, an approval of the project that was statutorily required to have been preceded by preparation of an EIR.

Appellate Information

• Decided 10/30/2008
• Published 10/30/2008

Judges

• WERDEGAR, J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
• Chatten-Brown & Carstens, Jan Chatten-Brown, Douglas P. Carstens, Katherine A. Trisolini and Amy C. Minteer, Santa Monica, for Plaintiff and Appellant., Law Offices of Michael W. Stamp and Michael W. Stamp, Monterey, for Save Our Carmel River and The Open Monterey Project as Amici Curiae on behalf of Plaintiff and Appellant., Frank G. Wells Environmental Law Clinic, Sean B. Hecht, Los Angeles;  Neighborhood Legal Services of Los Angeles County, David Pallack and Joshua Stehlik, Pacoima, for Lincoln Place Tenants Association, People for Parks, Sierra Club and Trudy Saposhnek as Amicus Curiae on behalf of Plaintiff and Appellant., Shute, Mihaly & Weinberger, Rachel B. Hooper, Amy J. Bricker, Michelle W. Anderson, San Francisco;  Law Offices of Donald B. Mooney and Donald B. Mooney, Davis, for Environmental Defense Center, California Preservation Foundation, Planning and Conservation League and Natural Resources Defense Council as Amici Curiae on behalf of Plaintiff and Appellant.


• For Appellees:
  
• Jenkins & Hogin, Michael Jenkins, John C. Cotti and Christi Hogin, Manhattan Beach, for Defendant and Respondent., Aleshire & Wynder, David Aleshire, Irvine, and Joseph W. Pannone, Los Angeles, for League of California Cities as Amicus Curiae on behalf of Defendant and Respondent., Truman & Elliott, Kathleen O'Prey Truman and Todd Elliott, Los Angeles, for Housing California and Southern California Association of Nonprofit Housing as Amici Curiae on behalf of Defendant and Respondent., Latham & Watkins, James L. Arnone, Stephanie E. Ord, Ernest J. Hahn and Benjamin J. Hanelin, Los Angeles, for Real Parties in Interest and Respondents.