ELR Citation: ELR 20080
No(s). 08-03494 (N.D. Cal. Mar 18, 2009)

A district court preliminarily enjoined the construction of a $113 million computer center in Berkeley, California. A citizens group raised serious questions going to the merits of its claim that the project is a "major federal action" under the National Environmental Policy Act (NEPA). Moreover, irreparable injury from the alleged NEPA violation is imminent since the project is to soon break ground. Although the group had the opportunity to participate during the state environmental review process, the California Environmental Quality Act is not a substitute for NEPA. A temporary preliminary injunction will therefore remain in effect until the merits of the case are resolved later this year.