Laurel Heights Improvement Ass'n of San Francisco, Inc. v. Regents of University of California

Bad Law

1988 Cal. LEXIS 261·253 Cal. Rptr. 426·47 Cal. 3d 376·764 P.2d 278·19 Envtl. L. Rep. (Envtl. Law Inst.) 20427

Supreme Court of CaliforniaDecember 1, 1988S001922California18,487 words

Opinion

Eagleson, J.

In this action, we determine the sufficiency of an environmental impact report (EIR) on the proposed relocation within the City of San Francisco of biomedical research facilities of the School of Pharmacy at the University of California, San Francisco (UCSF).

A neighborhood association challenges the EIR on three primary grounds; (1) that it does not discuss anticipated future activities at the new location and the effects of those activities; (2) that it does not adequately discuss feasible alternatives to the project; and (3) that there is no substantial evidence the project’s adverse environmental effects will be mitigated. These challenges are based on the California Environmental Quality Act (CEQA)(Pub. Resources Code, § 21000 et seq.).

We find the EIR was inadequate because: (1) it fails to discuss the anticipated future uses of the new facility and the environmental effects of those uses, and (2) the discussion of alternatives is inadequate under CEQA. We find, however, there is substantial evidence the environmental effects identified in the present EIR will be sufficiently mitigated. We also find the Court of Appeal properly determined the neighborhood…

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Parties

LAUREL HEIGHTS IMPROVEMENT ASSOCIATION OF SAN FRANCISCO, INC.
Plaintiff
THE REGENTS OF THE UNIVERSITY OF CALIFORNIA
Defendant

Judges

Eagleson

Cites (39)

8 Cal. 3d 247
13 Cal. 3d 263
32 Cal. App. 3d 795
118 Cal. App. 3d 818
13 Cal. 3d 68
39 Cal. App. 3d 830
71 Cal. App. 3d 185
11 Cal. 3d 506
153 Cal. App. 3d 391
134 Cal. App. 3d 1022
170 Cal. App. 3d 604
70 Cal. App. 3d 851
88 Cal. App. 3d 397
196 Cal. App. 3d 223
18 Cal. 3d 190
195 Cal. 605
83 Cal. App. 3d 515
198 Cal. App. 3d 433
155 Cal. App. 3d 738
42 Cal. 3d 929
27 Cal. App. 3d 695
148 Cal. App. 3d 1062
89 Cal. App. 3d 274
197 Cal. App. 3d 1167
100 Cal. App. 3d 789
138 Cal. App. 3d 664
456 U.S. 305
23 Cal. 3d 917
43 Cal. 3d 1078
32 Cal. 3d 128
118 Cal. App. 3d 435
100 Cal. App. 3d 521
143 Cal. App. 3d 1013
185 Cal. App. 3d 1065
172 Cal. App. 3d 151
480 U.S. 531
745 F.2d 412
163 Cal. App. 3d 1141
166 Cal. App. 3d 55