Center for Biological Diversity v. California Department of Fish and Wildlife

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In this second appeal, challenging the environmental impact report (EIR) and related project approvals for two natural resource plans for the proposed Newhall Ranch development, the Court of Appeal affirmed the post-remand judgment and accompanying writ. The court held that both actions were legally permissible under the California Environmental Quality Act (CEQA), and rejected plaintiffs' claim that Public Resources Code section 21168.9 prohibits partial decertification of an EIR, and that the same section prohibits leaving project approvals in place while decertifying an EIR. The court held that a trial court has authority to partially decertify an EIR; a trial court has the power to leave some project approvals in place after partial decertification of an EIR; the trial court did not abuse its discretion in issuing the limited writ; and the writ provided an adequate remedy for a Fish and Game Code section 5515 violation. View "Center for Biological Diversity v. California Department of Fish and Wildlife" on Justia Law