Description: Challenge to residential development, including allegations regarding the need for supplemental review of the project’s greenhouse gas emissions.
Concerned Dublin Citizens v. City of Dublin
Filing Date Type File Action Taken Summary 03/07/2013 Opinion Download Affirmed trial court's judgment denying petition for a writ of mandate. A citizen’s group challenged the City of Dublin’s determination that a proposed development within a larger transit center development was exempt from the preparation of an environmental impact report (EIR) under the California Environmental Quality Act (CEQA) because a previous EIR had been prepared and certified in 2002. The plaintiff alleged, among other things, that supplemental environmental review was necessary because new information concerning greenhouse gas emissions had come to light since the EIR was certified in 2002. The trial court disagreed, holding that greenhouse gas emissions thresholds adopted by the Bay Area Air Quality Management District in 2010 constituted new information requiring additional environmental review given that the potential environmental effects of greenhouse gas emissions were known at the time the 2002 EIR was certified. On appeal, the appellate court affirmed on similar grounds.