City of San Diego v. Board of Trustees of the California State University

In this case we consider a challenge under the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) (CEQA) to a decision by the Board of Trustees (Board) of the California State University (CSU) certifying an environmental impact report (EIR). The EIR concerns the Board’s project to expand the campus of San Diego State University (SDSU) to accommodate more than 10,000 additional students over the next several years — part of a larger program to expand CSU’s statewide enrollment capacity by 107,000. The SDSU project will contribute significantly to traffic congestion off campus in the City of San Diego. Although the Board has budgeted substantial state and “non-state” funds to expand its campuses ($9.9 billion), the Board has declined to use those funds, or any of CSU’s financial resources, to reimburse other public agencies for its self-determined fair share of the statewide cost of mitigating its projects’ off-campus environmental effects ($15 million). Instead, based on dictum in City of Marina v. Board of Trustees of California State University (2006) 39 Cal.4th 341 [ 46 Cal.Rptr.3d 355 , 138 P.3d 692 ] (Marina), the Board has taken the position…