City of Vernon v. Bd. of Harbor Commr's of the City of Long Beach

Summary

The Cities of Vernon and Compton and others filed petitions for writ of mandate to challenge the certification of an environmental impact report as to a portion of the redevelopment plan of the City of Long Beach for the Long Beach Naval Station. The superior court ordered the writ issued on the ground that certification of the final environmental impact report (FEIR) was a “post hoc rationalization” of a prior approval of the project, but rejected Vernon’s challenge to the FEIR on the ground that it was inadequate as an informational document. On appeal, Vernon contends that the FEIR did not properly define the project, that it failed to provide a proper analysis with regard to rail traffic, and that it used the wrong baseline for its traffic analysis. We do not agree that the FEIR was a post hoc rationalization of a prior approval; we therefore reverse on that ground, and vacate the writ of mandate. We also reject Vernon’s contentions, and affirm that part of the judgment.

Military Base Reuse Plans: Statutory Framework

Before disposing of any surplus real property located at any military installation scheduled for closure, the Defense Base Closure and…