JUDICIAL DEVELOPMENTS

August 2011

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California Appeals Court Holds CEQA Litigation ‘Document Dump’ Is a Failure to ‘Exhaust’ Remedies— Greenhouse Gases Are Not ‘New Information’
Citizens for Responsible Equitable Environmental Development v. City of San Diego, ___Cal.App.4th___

The Fourth District Court of Appeal has affirmed a trial court’s judgment against all Citizens for Responsible Equitable Environmental Development’s (CREED) claims, finding that: CREED failed to exhaust its administrative remedies, greenhouse gas emissions were not “new” information that required the preparation of a supplemental Environmental Impact Report (EIR), and that the City of San Diego’s Water Supply Assessment (WSA) was not required to be “approved” prior to a California Environmental Quality Act (CEQA) document relying on the WSA.