ELR Citation: 42 ELR 20220
No(s). D055215 (Cal. Ct. App. 4th Dist. Oct 19, 2012)

A California appellate court held that a city's certification of an environmental impact report (EIR) for a development project covering 2,600 acres of undeveloped land for single-family dwelling units and a village center violated the California Environmental Quality Act (CEQA). Below, the trial court held that there was insufficient evidence to support the EIR's conclusion the project's fire safety impacts were less than significant and issued a limited writ of mandate directing the city to bring this aspect of the EIR into compliance with CEQA. The appellate court agreed that the EIR was inadequate with respect to impacts on fire safety, but the EIR also failed to adequately address impacts on the Quino checkerspot butterfly and water supply. The trial court's ruling to the contrary was therefore reversed in this regard, but its ruling was affirmed in all other respects, including the award of attorney fees and costs to plaintiffs as the prevailing parties. In addition, although a trial court may, in appropriate cases, remedy CEQA violations by issuing a limited writ, the appellate court questioned whether this was an appropriate case since the flaw in the EIR's fire safety impacts analysis affected the entire project. But the court did not need to decide that matter since the trial court recently ordered the city to decertify the EIR and set aside the project approvals as part of subsequent trial court proceedings.