Cleveland National Forest Foundation v. San Diego Ass'n of Governments
Citation: 42 ELR 20251
No. 2011-00101593., (Cal. Super. Ct., 12/03/2012)
A California court held that the environmental impact report (EIR) San Diego prepared for its regional transport plan and accompanying sustainable communities strategy violates the California Environmental Quality Act (CEQA) because it failed to adequately address greenhouse gas emissions. The EIR is impermissibly dismissive of the 2050 greenhouse gas reduction goals set forth in Executive Order S-03-05. San Diego argued that the Executive Order does not constitute a plan for greenhouse gas reduction and that no state plan has been adopted to achieve the 2050 goal. The EIR, therefore, does not find the regional transport plan's failure to achieve the Executive Order's goals to be significant. But Executive Order S-3-05 is an official policy of the state of California and was designed to address an environmental objective that is highly relevant under CEQA San Diego cannot simply ignore it. The court, therefore, set aside the EIR certifying the regional transport plan.