CITY OF MORGAN HILL v. BAY AREA AIR QUALITY

No. A102518.

13 Cal.Rptr.3d 420 (2004)

118 Cal.App.4th 861

CITY OF MORGAN HILL et al., Plaintiffs and Appellants, v. BAY AREA AIR QUALITY MANAGEMENT DISTRICT et al., Defendants and Respondents; Calpine Incorporated, Real Party in Interest and Respondent; California Energy Resources Conservation and Development Commission, Intervener and Respondent.

Court of Appeals of California, First District, Division Four.

May 14, 2004.


Attorney(s) appearing for the Case

Stephan C. Volker, San Francisco, Gretchen E. Dent, Oakland, Joshua A.H. Harris, Law Offices of Stephan C. Volker, for plaintiffs and appellants.

Brian C. Bunger, Alexander G. Crockett, for defendants and respondents.

Jeffery D. Harris, Christopher T. Ellison, Ellison, Schneider & Harris, Sacramento, for real party in interest and respondent.

William M. Chamberlain, Sacramento, Richard C. Ratliff, Kerry Willis, for intervener and respondent.


REARDON, J.

One who would construct and operate a California power plant must first obtain an interconnected set of federal, state and regional agency approvals. In this case, City of Morgan Hill and others1 oppose approval of a natural gas power plant, arguing that the project fails to comply with the California Environmental Quality Act (CEQA). (See Pub. Resources Code,

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