Make UC a Good Neighbor v. Regents of University of California
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Objectors challenged the adequacy of an environmental impact report (EIR) for the long-range development plan for the University of California, Berkeley through the 2036-2037 academic year and the university’s immediate plan to build student housing on the site of People’s Park, a historic landmark and the well-known locus of political activity and protest.
The court of appeal remanded. The court rejected arguments that the EIR was required to analyze an alternative to the long-range development plan that would limit student enrollment; that the EIR improperly restricted the geographic scope of the plan to the campus and nearby properties, excluding several more distant properties; and that the EIR failed to adequately assess and mitigate environmental impacts related to population growth and displacement of existing residents. However, the EIR failed to justify the decision not to consider alternative locations to the People’s Park project and failed to assess potential noise impacts from student parties in residential neighborhoods near campus, a longstanding problem. The court noted that its decision does not require the abandonment of the People’s Park project and that the California Environmental Quality Act allows an agency to approve a project, even if the project will cause significant environmental harm if the agency discloses the harm and makes required findings.
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