Cleveland National Forest Foundation v. San Diego Ass’n of GovernmentsAnnotate this Case
The Attorney General and various environmental groups challenged on several grounds an EIR accompanying a regional development plan for the San Diego area that was intended to guide the area’s transportation infrastructure from 2010 to 2050. As relevant to this appeal, Plaintiffs claimed that the EIR failed adequately to analyze the plan’s impacts on greenhouse gas emissions and climate change. The superior court issued a writ of mandate in Plaintiffs’ favor, concluding that the EIR failed to fulfill its role as an informational document and did not adequately address mitigation measures for significant emission impacts. The court of appeal affirmed the trial court’s judgment setting aside the EIR certification. The Supreme Court reversed insofar as the court of appeal determined that the EIR’s analysis of greenhouse gas emission impacts rendered the EIR inadequate and required revision, holding that the regional planning agency that issued the EIR, in analyzing greenhouse gas impacts at the time of the EIR, did not abuse its discretion by declining to adopt Executive Order No. S-3-05 as a measure of significance or to discuss the Executive Order more than it did.