Cal. Clean Energy Com. v. City of San Jose

Filed 9/30/13; pub. order 10/29/13 (see end of opn.)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

CALIFORNIA CLEAN ENERGY H038740

COMMITTEE, (Santa Clara County Super. Ct. No. CV212623) Plaintiff and Appellant,

v.

CITY OF SAN JOSE,

Defendant and Respondent.

Appellant California Clean Energy Committee (CCEC) appeals from a trial court’s judgment in favor of respondent City of San Jose (City). CCEC filed a petition for writ of mandate challenging City’s certification and approval of an environmental impact report (EIR) analyzing the potential environmental effects of a proposed update to City’s general plan, titled “Envision San Jose 2040 General Plan” (hereafter Envision San Jose), prepared pursuant to the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.). The trial court granted summary judgment in City’s favor, after finding that CCEC failed to exhaust its administrative remedies, as no administrative appeal was filed from City’s planning commission’s certification of the final EIR.

1 The record indicates that the environmental…