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

I concur in part III.B. of the majority opinion, which holds that the decision of the Regents of the University of California (hereafter Regents) not to recirculate the final environmental impact report (hereafter EIR) is subject to review under the substantial evidence standard, and in part III.C., subparts 2-5, which hold that substantial evidence supports the Regents’ decision not to recirculate the revised EIR on the basis of that document’s inclusion of new information regarding the proposed Laurel Heights facility’s toxic air emissions, loading docks, night-lighting glare, and project alternatives. (Maj. opn., ante, at pp. 1132-1135, 1137-1143.)

I respectfully dissent, however, from part III.A. of the majority opinion, interpreting Public Resources Code section 21092.1, 1 and part III.C., subpart 1, analyzing whether substantial evidence supports the Regents’ decision not to recirculate the final EIR on the basis of that document’s inclusion of new information describing other attributes of the proposed facility, including its round-the-clock operations and the additional noise that this would generate.

In my view, the majority errs in holding that the addition of…

After the passage of almost five years, we are again called upon to evaluate the efforts of the Regents of the University of California (Regents) to comply with the mandates of the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.) in connection with the proposed relocation within the City of San Francisco of the biomedical research facilities of the School of Pharmacy at the University of California, San Francisco (UCSF). (See Laurel Heights Improvement Assn. v. Regents of University of California (1988) 47 Cal.3d 376 [ 253 Cal. Rptr. 426 , 764 P.2d 278 ] [hereafter Laurel Heights I ].) We undertake review of this dispute between the Regents and the Laurel Heights Improvement Association of San Francisco, Inc. (Association), a second time in order to address the question of what constitutes "significant new information" in a final environmental impact report (EIR) so as to require its recirculation for public comment before certification pursuant to Public Resources Code section 21092.1. [1] We also consider the standard of review to be applied to the decision whether to recirculate.

We conclude that recirculation is only…

I. Introduction

After the passage of almost five years, we are again called upon to evaluate the efforts of the Regents of the University of California (Regents) to comply with the mandates of the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.) in connection with the proposed relocation within the City of San Francisco of the biomedical research facilities of the School of Pharmacy at the University of California, San Francisco (UCSF). (See Laurel Heights Improvement Assn. v. Regents of University of California (1988) 47 Cal.3d 376 [ 253 Cal.Rptr. 426 , 764 P.2d 278 ] [hereafter Laurel Heights I].) We undertake review of this dispute between the Regents and the Laurel Heights Improvement Association of San Francisco, Inc. (Association), a second time in order to address the question of what constitutes “significant new information” in a final environmental impact report (EIR) so as to require its recirculation for public *1120 comment before certification pursuant to Public Resources Code section 21092.1. 1 We also consider the standard of review to be applied to the decision whether to recirculate.

We conclude that recirculation is…