City of Maywood v. Los Angeles Unified School District

Good Law
145 Cal. Rptr. 3d 567·2012 Cal. App. LEXIS 881·208 Cal. App. 4th 362
Court of Appeal of CaliforniaJuly 18, 2012Nos. B233739, B236408California29,032 words

Opinion

Lead Opinion

Zelon, J.

INTRODUCTION

The City of Maywood filed a petition for writ of mandate seeking to overturn the Los Angeles Unified School District’s (LAUSD) decision to certify a final environmental impact report (FEIR) analyzing the environmental consequences of constructing a high school. Maywood argued that the FEIR did not satisfy the California Environmental Quality Act (CEQA; Pub. Resources Code, § 21000 et seq.) because it failed to adequately assess various environmental impacts and did not include a sufficient discussion of project alternatives. Maywood also alleged that the LAUSD’s decision to certify the FEIR violated school siting procedures enumerated in the Education Code.

Although the trial court rejected a majority of Maywood’s claims, it found that the FEIR was deficient in four ways. First, it concluded that the report failed to consider whether the design of the school campus, which was bisected by an active roadway, presented any significant impacts to pedestrian safety. Second, the court concluded that the report did not adequately assess whether the project site was contaminated with hazardous materials. Third, it found that the report failed to analyze the…

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