SAVE TARA v. CITY OF WEST HOLLYWOOD

No. S151402.

45 Cal.4th 116 (2008)

SAVE TARA, Plaintiff and Appellant, v. CITY OF WEST HOLLYWOOD, Defendant and Respondent; WASET, INC., et al., Real Parties in Interest and Respondents.

Supreme Court of California.

October 30, 2008.


Attorney(s) appearing for the Case

Chatten-Brown & Carstens, Jan Chatten-Brown, Douglas P. Carstens, Katherine A. Trisolini and Amy C. Minteer for Plaintiff and Appellant.

Law Offices of Michael W. Stamp and Michael W. Stamp for Save Our Carmel River and The Open Monterey Project as Amici Curiae on behalf of Plaintiff and Appellant.

Frank G. Wells Environmental Law Clinic, Sean B. Hecht; Neighborhood Legal Services of Los Angeles County, David Pallack and Joshua Stehlik for Lincoln Place Tenants Association, People for Parks, Sierra Club and Trudy Saposhnek as Amici Curiae on behalf of Plaintiff and Appellant.

Shute, Mihaly & Weinberger, Rachel B. Hooper, Amy J. Bricker, Michelle W. Anderson; Law Offices of Donald B. Mooney and Donald B. Mooney for Environmental Defense Center, California Preservation Foundation, Planning and Conservation League and Natural Resources Defense Council as Amici Curiae on behalf of Plaintiff and Appellant.

Jenkins & Hogin, Michael Jenkins, John C. Cotti and Christi Hogin for Defendant and Respondent.

Aleshire & Wynder, David Aleshire and Joseph W. Pannone for League of California Cities as Amicus Curiae on behalf of Defendant and Respondent.

Truman & Elliott, Kathleen O'Prey Truman and Todd Elliott for Housing California and Southern California Association of Nonprofit Housing as Amici Curiae on behalf of Defendant and Respondent.

Latham & Watkins, James L. Arnone, Stephanie E. Ord, Ernest J. Hahn and Benjamin J. Hanelin for Real Parties in Interest and Respondents.


OPINION

WERDEGAR, J.

Under the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.),1 a public agency must prepare an environmental impact report (EIR) on any project the agency proposes to "carry out or approve" if that project may have significant environmental effects (§§ 21100, subd. (a), 21151, subd. (a)). We address in this case the question whether and under what...

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