Concerned Citizens of Costa Mesa, Inc. v. 32nd District Agricultural Ass'n

What may a citizens' group do when a stadium is constructed in their neighborhood substantially different than planned? The citizens charge that the changes were made without notice and that they did not know of the changes, and could not through the exercise of reasonable diligence have discovered them, until the first and overly noisy concert took place. On those facts, does the California Environmental Quality Act protect the citizens? We hold that it does.

The California Environmental Quality Act (Pub. Resources Code, § 21000 et seq., hereafter CEQA) [1] provides that a state or local agency must file an environmental impact report (EIR) on any project it intends to carry out or approve that may have a significant effect on the environment. (§§ 21100, 21151.) If substantial changes are proposed in a project that require major revisions of the initial EIR, the agency must prepare a subsequent or supplemental EIR. (§ 21166, subd. (a).) An action may be filed against an agency that proceeds with a project without filing an EIR when one is required by CEQA. Under section 21167, subdivision (a), such an action must be filed within 180 days after commencement…

What may a citizens’ group do when a stadium is constructed in their neighborhood substantially different than planned? The citizens charge that the changes were made without notice and that they did not know of the changes, and could not through the exercise of reasonable diligence have discovered them, until the first and overly noisy concert took place. On those facts, does the California Environmental Quality Act protect the citizens? We hold that it does.

The California Environmental Quality Act (Pub. Resources Code, § 21000 et seq., hereafter CEQA) 1 provides that a state or local agency must file an environmental impact report (EIR) on any project it intends to carry out or approve that may have a significant effect on the environment. (§§ 21100, 21151.) If substantial changes are proposed in a project that require major revisions of the initial EIR, the agency must prepare a subsequent or supplemental EIR. (§ 21166, subd. (a).) An action may be filed against an agency that proceeds with a project without filing an EIR when one is required by CEQA. Under section 21167, subdivision (a), such an action must be filed within 180 days after commencement of the…

I dissent.

The majority interpret the relevant statutory provisions properly, but they err in analyzing the complaint.

The law is clear that if a public agency makes substantial changes in a project after filing an environmental impact report (EIR) and fails to file the supplemental EIR those changes require, an action challenging the agency’s noncompliance with the California Environmental Quality Act (CEQA) “must be filed within 180 days of the time the plaintiff knew or should have known that the project under way differs substantially from the one described in the EIR.” Assuming arguendo these plaintiffs did not actually know of the variations—which is difficult to believe—the question is when they should have known that the amphitheatre under construction differed substantially from the project described in the EIR.

In ruling on a general demurrer we must accept as true “all the material factual allegations in the complaint.” We are not, however, compelled to accept as sound the various legal conclusions set forth in the complaint. Nor are we prohibited from rationally reading the factual allegations.

The majority obviously harbor some reservations about the validity of…