Description: Lawsuit challenging environmental review for shoreline residential development.
Citizens Committee to Complete the Refuge v. City of Newark
Filing Date Type File Action Taken Summary 12/24/2020 Decision California Court Rejected Claims of Failure to Consider Future Sea Level Rise in Review of Shoreline Residential Project. A California Superior Court rejected a challenge under the California Environmental Quality Act to a residential development planned for the shoreline of San Francisco Bay. The petitioners had asserted that new information about the rate of sea level rise combined with more detailed information about the project’s design showed that impacts would be more severe than was disclosed in an environmental impact report prepared in 2015. The court reportedly ruled that the sea level rise issue was not relevant because potential flooding events would be “issues of impact of the environment on a project and not issues of the project’s impact on the environment.” 12/16/2019 Petition for Writ of Mandate Download Petition for peremptory writ of mandate and complaint for injunctive relief filed. Lawsuit Charged California City with Failure to Adequately Consider Sea Level Rise in Environmental Review for Shoreline Residential Project. Two environmental groups filed a lawsuit in California Superior Court alleging that the City of Newark violated the California Environmental Quality Act when it approved a residential project along the shoreline of San Francisco Bay. The petitioners asserted that new information about the rate of sea level rise combined with more detailed information about the project’s design showed that impacts would be more severe than was disclosed in an environmental impact report prepared in 2015. The petition also claimed that the City did not consider the impact of sea level rise in combination with the project on available habitat for the endangered salt marsh harvest mouse and that the City had improperly deferred mitigation by relying on future adaptive management measures to mitigate impacts from sea level rise.