ELR Citation: 43 ELR 20092
No(s). 37-2012-00101054-CU-TT-CTL (Cal. Super. Ct. Apr 19, 2013)

A California court held that San Diego County's climate action plan violates the California Environmental Quality Act (CEQA) and must be set aside. The plan should have been the subject of a supplemental environmental impact report (EIR) under CEQA instead of an addendum to the county's existing Program EIR (PEIR) that concluded the plan was within the scope of the PEIR. There is no explanation and no substantial evidence to justify why the plan was not subject to a supplemental EIR with public notice and opportunity for comment. As such, the plan was not properly approved and violates CEQA. And even if the plan was properly approved, it does not comport with the requirements of PEIR mitigation measures. There is no substantial evidence that the plan satisfies the mitigation measures; in fact, the evidence discloses the reverse is true.