Association for a Cleaner Environment v. Yosemite Community College District

Good Law
10 Cal. Rptr. 3d 560·116 Cal. App. 4th 629
Court of Appeal of CaliforniaMarch 4, 2004F042272California3,643 words

Opinion

Opinion

Dawson, J.

An association of citizens appeals the denial of its petition for a writ of mandate and contends that a community college violated the California Environmental Quality Act (CEQA) when it failed to perform an initial environmental study in connection with its decision to close and remove a campus shooting range and transfer certain classes to a range off campus. The community college argues (1) its decision and actions were not a “project” subject to CEQA, (2) if a project existed, it was exempt from CEQA, and (3) the matter is moot because the decisions have been implemented.

We conclude the whole of the community college’s action constitutes a project for purposes of CEQA, the project is not exempt, and the matter is not moot. Accordingly, we reverse and remand to the superior court with direction to issue a writ of mandate requiring that an initial environmental study be conducted.

FACTS AND PROCEEDINGS

Appellant Association for a Cleaner Environment (ACE) is a nonprofit organization and alleges that it represents citizens who (1) object to the destruction of an all-weather shooting range at Modesto Junior College (MJC Range) and (2) are concerned with the failure of…

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