City of Irvine v. County of Orange
Annotate this CaseThis case was the third of a string of appeals before the Court of Appeal concerning the City of Irvine's attempt to stop a proposed expansion of the James A. Musick Jail Facility. In "Musick I," the cities of Irvine and Lake Forest challenged the 1996 certification of an environmental impact report, "EIR 564," involving a proposed expansion of the Facility from about 1200 inmates to 7,584 inmates. In Musick I, the Court overturned a trial court decision finding EIR 564 inadequate, finding that EIR 564 did indeed adequately disclose the impacts of the project. The 1996 project, however, did not go forward because the County did not consider it had the financial resources for it. Approximately ten years later, Realignment Act of 2011 was passed, which shifted responsibility for the custodial housing and post-release supervision of some felons from the state prison system to local jails and probation departments. Concomitant with realignment, legislation was passed making it easier for local government agencies to obtain state funds to build more local jail cells. The County revived its plans for the Musick jail expansion, and the County applied for state funds for the project. Irvine challenged the County's application for state funding of the expansion without a new EIR, even though the County, at roughly the same time as the application, had certified a supplemental EIR ("SEIR 564") dealing with the project in light of planned intervening changes in surrounding land uses. In "Musick II," the Court of Appeal concluded there was no need to prepare an EIR (or other appropriate environmental impact document) prior to merely applying for funds. In this case, "Musick III," Irvine directly challenged SEIR 564. There was one big intervening change in surrounding land use since the initial proposed expansion, which was the scrapping of a proposed international airport at the former El Toro Base in favor of a "Great Park," with some adjacent housing development. Irvine presented several challenges to SEIR 564 that centered on two environmental effects: impacts on local traffic intersections and the loss of agricultural land. Taking Irvine's arguments into consideration, the Court of Appeal concluded that SEIR 564 was legally unobjectionable, and denied Irvine the relief it requested.
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