BERKELEY HILLSIDE PRESERVATION v. CITY OF BERKELEY

No. S201116.

60 Cal.4th 1086 (2015)

BERKELEY HILLSIDE PRESERVATION et al. Plaintiffs and Appellants, v. CITY OF BERKELEY et al., Defendants and Respondents; DONN LOGAN et al., Real Parties in Interest and Respondents.

Supreme Court of California.

March 2, 2015.


Attorney(s) appearing for the Case

Brandt-Hawley Law Group and Susan Brandt-Hawley for Plaintiffs and Appellants.

Michael W. Graf for Center for Biological Diversity and High Sierra Rural Alliance as Amici Curiae on behalf of Plaintiffs and Appellants.

Chatten-Brown & Carstens, Jan Chatten-Brown , Douglas P. Carstens ; Law Offices of Michael W. Stamp, Michael W. Stamp and Molly Erickson for Planning and Conservation League, Endangered Habitats League, Inc., California Preservation Foundation, Save Our Heritage Organisation, Save Our Carmel River and The Open Monterey Project as Amici Curiae on behalf of Plaintiffs and Appellants.

Veneruso & Moncharsh and Leila H. Moncharsh for Berkley Architectural Heritage Association as Amicus Curiae on behalf of Plaintiffs and Appellants.

Zach Cowan , City Attorney, and Laura McKinney , Deputy City Attorney, for Defendants and Respondents.

Perkins Coie, Stephen L. Kostka and Barbara J. Schussman for Building Industry Association of the Bay Area as Amicus Curiae on behalf of Defendants and Respondents.

Downey Brand, Christian L. Marsh , Andrea P. Clark and Graham St. Michel for Association of California Water Agencies as Amicus Curiae on behalf of Defendants and Respondents.

Meyers, Nave, Riback, Silver & Wilson, Amrit S. Kulkarni and Julia L. Bond for Real Parties in Interest and Respondents.

Cox, Castle & Nicholson, Michael H. Zischke and Andrew B. Sabey for California Building Industry Association, California Business Properties Association and Building Industry Legal Defense Foundation as Amici Curiae on behalf of Defendants and Respondents and Real Parties in Interest and Respondents.

Lozano Smith , Harold M. Freiman , Kelly M. Rem ; Charles F. Robinson and Kelly L. Drumm for California School Boards Association's Education Legal Alliance, The Regents of the University of California and The Board of Trustee of the California State University as Amici Curiae on behalf of Defendants and Respondents and Real Parties in Interest and Respondents.

M. Reed Hopper for Pacific Legal Foundation as Amicus Curiae on behalf of Defendants and Respondents and Real Parties in Interest and Respondents.

Holland & Knight, Amanda Monchamp and Melanie Sengupta for League of California Cities and California State Association of Counties as Amici Curiae on behalf of Defendants and Respondents and Real Parties in Interest and Respondents.

Kamala D. Harris , Attorney General, Sally Magnani , Assistant Attorney General, Janill Richards and Catherine M. Wieman , Deputy Attorneys General, as Amici Curiae.


OPINION

The California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.)1 establishes a comprehensive scheme to provide long-term protection to the environment. It prescribes review procedures a public agency must follow before approving or carrying out certain ...

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