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Center for Biological Diversity v. Town of Yucca Valley

Filing Date: 2008
Case Categories:
  • State Law Claims
    • State Impact Assessment Laws
Principal Laws:
California Environmental Quality Act (CEQA)
Description: Challenge to environmental analysis of proposed Wal-Mart for failing to consider carbon footprint.
  • Center for Biological Diversity v. Town of Yucca Valley
    Docket number(s): CIV BS 800607
    Court/Admin Entity: Cal. Super. Ct.
    Case Documents:
    Filing Date Type File Action Taken Summary
    03/04/2010 Settlement Agreement Download Settlement reached. Wal-Mart entered into a settlement whereby it agreed to install rooftop solar systems and take other steps to reduce the carbon footprint of their stores in a settlement resolving two lawsuits filed by CBD. The retailer agreed to installing a rooftop solar system of at least 250 kW each at three proposed stores, to build state-of-the-art energy efficiency measures into the design of each of the planned stores, to conduct an audit to measure the energy efficiency of refrigeration units in existing stores in California, and to contribute $120,000 to the Mojave Desert Land Trust for land conservation purposes.  As part of the settlements, both cases were dismissed.
    05/14/2009 Minute Order Download Tentative ruling adopted as modified. A California state court overturned a town’s approval of a 185,000 square foot Wal-Mart Supercenter near Joshua Tree National Park, holding that an environmental impact review pursuant to the California Environmental Quality Act (CEQA) did not take into account the impacts of the project’s projected greenhouse gas emissions. The court found that the review violated CEQA because it did not provide evidence that the proposed store complied with strategies to reduce climate change as required by state law.  The court ordered the town to revise its environmental impact review to include an analysis of climate change impacts from the proposed store and ways to mitigate greenhouse gas emissions.

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

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