Santa Monica Baykeeper v. City of Malibu

Santa Monica Baykeeper (Baykeeper), a nonprofit corporation, appeals from the denial of its petition for writ of mandate. Its suit challenged the City of Malibu’s (City) adoption of an environmental impact report (EIR) and approval of the Legacy Park project in Malibu, California. The suit was brought pursuant to the California Environmental Quality Act. (Pub. Resources Code, § 21000 et seq.; CEQA.) Baykeeper argues the EIR failed to adequately analyze (1) construction-related water quality impacts; (2) the impact of using treated effluent from the adjoining Malibu Lumber Yard project on the project site; and (3) the cumulative groundwater impacts of the project.

City argues that the appeal is moot and should be dismissed on that ground. We agree that it is moot as to Baykeeper’s challenge regarding construction-related impacts because the project was completed during the pendency of this appeal and no recognized exception to the mootness doctrine applies to warrant discretionary review of that issue. The other issues in the appeal are not moot. But the conclusions in the final EIR regarding the *1542 impact of using treated effluent from the adjoining Lumber Yard…