Citizens Against Airport Pollution v. City of San Jose

I. INTRODUCTION

This CEQA case arises from the eighth addendum to the 1997 environmental impact report for respondent City of San Jose’s international airport master plan (Airport Master Plan). The eighth addendum concerns the environmental impacts of recent amendments made by the City of San Jose (City) to the Airport Master Plan, which include changes to the size and location of future air cargo facilities, the replacement of air cargo facilities with 44 acres of general aviation facilities, and the modification of two taxiways to provide better access for corporate jets.

Appellant Citizens Against Airport Pollution (CAAP) contends that the trial court erred in denying its petition for writ of mandamus challenging City’s approval of the eighth addendum. CAAP argues that the amendments to the Airport Master Plan that are addressed in the eighth addendum constitute a new project as a matter of law, and therefore an environmental impact report (EIR) addendum is barred under CEQA. Alternatively, CAAP contends that an EIR addendum cannot be used to analyze the environmental impacts of the project changes included in the amendments, since those changes are substantial and…