Jump to Navigation
Jump to Content

Bakersfield Citizens for Local Control v. Bakersfield, City of

ELR Citation: 34 ELR 20153
Nos. Nos. F044943, F045035, (Cal. App. 5th Dist., 12/13/2004)

A California appellate court held that environmental impact reports (EIRs) prepared for two retail shopping center projects violated the California Environmental Quality Act. The EIRs do not fulfill their informational obligations because they failed to consider the projects' individual and cumulative potential to indirectly cause urban/suburban decay by precipitating a downward spiral of store closures and long-term vacancies in existing shopping centers. Furthermore, the cumulative impacts analyses are defective because they did not treat the other shopping center as a relevant project or consider the combined environmental impacts of the two shopping centers. Finally, failure to correlate the acknowledged adverse air quality impacts to resulting adverse effects on human respiratory health was erroneous. These defects are prejudicial and compel decertification of the EIRs and rescission of project approvals and associated land use entitlements.