Marina, City of v. Board of Trustees of the Cal. State Univ.

ELR Citation: ELR 20149
No(s). S117816 (Cal. Jul 31, 2006)

The court vacates and remands a lower court decision upholding a state university's approval of an environmental impact report prepared in connection with plans to expand its campus on a former army base. Although the university agrees to mitigate effects occurring on the campus itself, it disclaims responsibility for mitigating some effects occurring off campus. In particular, the university refuses to share the cost of certain infrastructure improvements proposed by the base’s new civilian governing authority. Yet, the university failes to adequately explain why off-campus mitigation is infeasible. This constitutes an abuse of discretion under the California Environmental Quality Act.

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