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Santee, City of v. San Diego, County of

ELR Citation: 40 ELR 20177
Nos. No. D055310, (Cal. App. 4th Dist., 06/29/2010)

A California appellate court held that a siting agreement between a county and the state corrections department that identified potential locations for a state prison reentry facility is not subject to environmental review under the California Environmental Quality Act (CEQA). The agreement was not a commitment to either a reentry facility or any jail facility. The siting agreement did not as a practical matter preclude any alternatives, mitigation measures, or the alternative of not going forward with any facility. Rather, the record shows all the facilities that were the subject of the siting agreement might be modified or not implemented at all, depending on a number of factors, including environmental review. Accordingly, the trial court properly sustained the county's demurrer to a city's CEQA petition.