Cnty. of Ventura v. City of Moorpark

Good Law
234 Cal. Rptr. 3d 242·24 Cal. App. 5th 377
Court of Appeal of CaliforniaJune 12, 20182d Civil No. B282466California5,343 words

Opinion

lead Opinion

Tangeman, J.

*381 The purpose of the California Environmental Quality Act (CEQA) is to ensure "[t]he maintenance of a quality environment for the people of this state now and in the *382 future." ( Pub. Resources Code, 1 § 21000, subd. (a).) But the scope of CEQA is not unlimited. ( Sunset Sky Ranch Pilots Assn. v. County of Sacramento (2009) 47 Cal.4th 902 , 907, 102 Cal.Rptr.3d 894 , 220 P.3d 905 ( Sunset Sky ).) CEQA applies only to activities that meet the definition of a "project" under the statute. ( Ibid . ) And certain projects are statutorily exempt from environmental review. ( Ibid . ) Thus, "[a]lthough we construe CEQA broadly ' "to afford the fullest possible protection to the environment within the reasonable scope of the statutory language," ' we do not balance the policies served by the statutory exemptions against the goal of environmental protection." ( Ibid . )

This case requires us to consider whether the broad definition of "project" that mandates more extensive CEQA review also applies to statutory exemptions. It additionally presents questions of state law preemption, the limits of a city's contractual authority, and the abdication of a government entity's police…

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