Supreme Court of California
City of San Diego v. Bd. of Trustees of the Cal. State Univ., S199557
In a challenge under the California Environmental Quality Act (CEQA), Pub. Resources Code section 21000 et seq.., to a decision by the Board of Trustees of the California State University certifying an environmental impact report, the Court of Appeal's judgment directing the Board to vacate its certification of the EIR is affirmed where the dictum in City of Marina v. Board of Trustees of California State University (2006), 39 Cal.4th 341, does not justify the Board's assumption that a state agency may contribute funds for off-site environmental mitigation only through earmarked appropriations, to the exclusion of other available sources of funding, and this erroneous assumption invalidates both the Board's finding that mitigation is infeasible and its statement of overriding considerations.
Appellate Information
- Decided 08/03/2015
- Published 08/03/2015
Judges
- WERDEGAR
Court
- Supreme Court of California