Ballona Wetlands Land Trust v. City of Los Angeles

Good Law
134 Cal. Rptr. 3d 194·201 Cal. App. 4th 455
Court of Appeal of CaliforniaNovember 9, 2011No. B231965California8,883 words

Opinion

Lead Opinion

Croskey, J.

*462 Opinion

Ballona Wetlands Land Trust, Anthony Morales and Surfdder Foundation (collectively Ballona Wetlands) and Ballona Ecosystem Education Project (BEEP) challenge the certification by the City of Los Angeles (City) of a revised environmental impact report (EIR) for the Playa Vista phase two project. Playa Capital Company, LLC (Playa Capital), is the developer. The City revised the EIR in response to a peremptory writ of mandate issued by the trial court at our direction. The writ directed the City to vacate its project approvals and EIR certification and to revise certain parts of the EIR.

Ballona Wetlands and BEEP challenge the revised EIR with respect to the project description, the analysis of archaeological resources and sea level rise resulting from global climate change, and the finding of no significant impact on land use consistency. They also challenge an award of costs to the City and Playa Capital as prevailing parties.

We conclude that the revised EIR adequately discusses preservation in place and the impacts of sea level rise resulting from global climate change. We also conclude that BEEP’s newly asserted challenges to the project description and the…

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