Save Tara v. City of West Hollywood

Bad Law
2008 Cal. LEXIS 12737·45 Cal. 4th 116·84 Cal. Rptr. 3d 614·194 P.3d 344·39 Envtl. L. Rep. (Envtl. Law Inst.) 20272
Supreme Court of CaliforniaOctober 30, 2008No. S151402California10,294 words

Opinion

Lead Opinion

Werdegar, J.

—Under the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.), 1 a public agency must prepare an environmental impact report (EIR) on any project the agency proposes to “carry out or approve” if that project may have significant environmental effects (§§ 21100, subd. (a), 21151, subd. (a)). We address in this case the question whether and under what circumstances an agency’s agreement allowing private development, conditioned on future compliance with CEQA, constitutes approval of the project within the meaning of sections 21100 and 21151. We conclude that under some circumstances such an agreement does amount to approval and must be preceded by preparation of an EIR. Under the circumstances of this case, we further conclude the City of West *122 Hollywood’s conditional agreement to sell land for private development, coupled with financial support, public statements, and other actions by its officials committing the city to the development, was, for CEQA purposes, an approval of the project that was required under sections 21100 and 21151 to have been preceded by preparation of an EIR.

Factual and Procedural Background

The property at…

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