ELR Citation: ELR 20119
No(s). H028539 (Cal. App. 6th Dist. Jun 22, 2006)

A court upholds a city's approval of a construction project for a big box retail store. A citizens group argues that the city violated the California Environmental Quality Act (CEQA) by failing to comply with procedural requirements and by failing to include a study of certain adverse impacts and mitigation measures in the final environmental impact report (EIR). But despite the group's allegations to the contrary, the city complied with CEQA's notice requirements and provided responses to comments. Moreover, the urban decay impact of commercial and industrial development was adequately studied, and the city was justified in finding that further study of its impact in the area was not warranted. And the EIR adequately considered air pollution mitigation measures and properly analyzed certain traffic impacts.