Berkeley Keep Jets Over the Bay Committee v. Board of Port Commissioners

I.

This appeal reviews the decision of the Board of Port Commissioners for the Port of Oakland (the Port Commissioners) for the City of Oakland to certify the environmental impact report (EIR) analyzing the environmental consequences of the proposed Airport Development Plan (ADP) for the Metropolitan Oakland International Airport (the Airport). The ADP is a multifaceted, long-range expansion proposal for the Airport that will provide increased capacity for both air cargo and passenger operations.

The trial court issued a peremptory writ of mandate ordering the Port Commissioners to set aside approval and certification of the EIR until a supplement to the EIR was prepared and circulated that complied with the requirements of the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) (CEQA). The trial court held that the EIR prepared for the ADP violated CEQA by failing to analyze a reasonable range of alternatives, and by failing to evaluate the cumulative impacts of the ADP in combination with other reasonably foreseeable projects.

The judgment granting a peremptory writ of mandate is reversed in part and affirmed in part. We affirm the portion of…