Description: Challenge to proposed shopping center project for failure to take into account greenhouse gas impacts.
Citizens for Open Government v. City of Lodi
Filing Date Type File Action Taken Summary 03/28/2012 Opinion Download Opinion issued. Two citizen groups challenged the reapproval by the City of Lodi of a conditional use permit for a proposed shopping center project after the original environmental impact report (EIR) issued pursuant to the California Environmental Quality Act was revised and recertified. Among other things, the plaintiffs alleged that a stipulation entered into between them, the City, and the developer allowed them to litigate that would otherwise be barred by res judicata, including the alleged failure to adequately address the impacts of greenhouse gas emissions and climate change. The trial court dismissed the petition. On appeal, the appellate court affirmed. Although it held that the plaintiffs were not barred from raising the issue with respect to climate change and that the EIR failed to analyze this issue, it did not require recirculation of the EIR because this deficiency did not make it fatally flawed.