Save Berkeley's Neighborhoods v. Regents of Univ. of Cal. CA1/5

BACKGROUND

A.

Periodically, the University of California prepares a long- range development plan based on projected enrollment and academic goals for each campus. (See Save Berkeley’s Neighborhoods v. Regents of University of California (2020) 51 Cal.App.5th 226, 231 (Save Berkeley’s Neighborhoods I); Ed. Code, § 67504, subd. (a)(1).) Under CEQA, it must analyze the environmental effects of that plan in an environmental impact report (EIR). (Pub. Resources Code, § 21080.09, subd. (b); Save Berkeley’s Neighborhoods I, at p. 231.)

In April 2018, Save Berkeley filed a petition for writ of mandate alleging that the Regents had violated CEQA by increasing enrollment at the University of California, Berkeley campus beyond the levels projected in their last long range development plan (addressing development through 2020) without subjecting those increases to CEQA review. Save Berkeley sought an order “compelling [r]espondents to conduct environmental review of the excess increase in student enrollment pursuant to CEQA including, without limitation, by preparing and certifying an [EIR] to assess the significance of impacts caused by the excess increase in student enrollment and to…