Browning-Ferris Industries v. City Council

Browning-Ferris Industries of California, Inc. (BFI) appeals from a judgment denying its petition for writ of mandate. BFI sought to compel respondents City Council of the City of San Jose and City of San Jose (hereafter collectively referred to as City) to set aside approval of the final environmental impact report (EIR) and the rezoning of the sanitary landfill site known as Kirby Canyon.

On appeal, BFI raises several contentions concerning the adequacy of the EIR. Real parties in interest Waste Management, Inc. and Oceanic of California, Inc. (Real Parties) have filed a cross-appeal from that portion of the trial court’s decision granting BFI’s motion to strike certain evidence. For the reasons outlined below, the judgment is affirmed.

The California Environmental Quality Act (Pub. Resources Code, § 21000 et seq. (CEQA)) and the regulations promulgated to implement it (Cal. Admin. Code, tit. 14, § 15000 et seq. (Guidelines)) codify the duty by state and local agencies to evaluate the environmental impact of a project and to consider less harmful alternatives. The Guidelines outline the procedure for evaluating the environmental consequences of a project. A draft EIR…