San Diego Navy Broadway Complex Coalition v. City of San Diego

I

INTRODUCTION

The California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.) requires that a public agency prepare an environmental impact report (EIR) whenever the agency undertakes a “discretionary” project that may have a significant impact on the environment. (§ 21080.) Courts have concluded that the “touchstone” for determining whether an agency has undertaken a discretionary action that requires the preparation of an EIR is whether the agency would be able to meaningfully address the environmental concerns that might be identified in the EIR. (Friends of Westwood, Inc. v. City of Los Angeles (1987) 191 Cal.App.3d 259, 266-267 [ 235 Cal.Rptr. 788 ] (Friends of Westwood).) If an agency lacks such authority, then “environmental review would be a meaningless exercise.” (Mountain Lion Foundation v. Fish & Game Com. (1997) 16 Cal.4th 105, 117 [ 65 Cal.Rptr.2d 580 , 939 P.2d 1280 ] (Mountain Lion Foundation).)

After an initial EIR is certified, CEQA establishes a presumption against additional environmental review. An agency has jurisdiction to prepare a subsequent or supplemental EIR only if the agency grants a “discretionary” approval on the…