Friends of Oroville v. City of Oroville

Good Law
164 Cal. Rptr. 3d 1·2013 Cal. App. LEXIS 762·219 Cal. App. 4th 832·2013 WL 5494593
Court of Appeal of CaliforniaAugust 19, 2013C070448California3,533 words

Opinion

Opinion

Butz, J.

In this action under the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.), the Friends of Oroville and two individuals (collectively plaintiffs) challenge the City of Oroville’s (the City) approval of an environmental impact report (EIR) for the project at issue—a relocated and expanded Wal-Mart Supercenter to replace an existing Wal-Mart of traditional dimension and retail offerings (the Project).

On appeal, plaintiffs contend the City’s EIR (1) improperly found it was infeasible for the Project to contribute its fair share mitigation for “Year 2030” cumulative traffic impacts along eight intersections of Oroville Dam Boulevard (hereafter Oroville Dam Blvd.), (2) inadequately analyzed the Project’s hydrological impacts, (3) inadequately analyzed the Project’s greenhouse gas emissions, and (4) violated CEQA’s notice requirements. We find merit in plaintiffs’ third contention (in pt. III.A. of this opinion), agree on a tangential point with their first contention, and reverse on those bases, but otherwise shall affirm the judgment denying plaintiffs’ petition for writ of mandate.

FACTUAL AND PROCEDURAL BACKGROUND

The Project is a…

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