CALIFORNIA BUILDING INDUSTRY ASSN. v. BAY AREA AIR QUALITY MANAGEMENT DIST.

Nos. A135335, A136212.

218 Cal.App.4th 1171 (2013)

161 Cal. Rptr. 3d 128

CALIFORNIA BUILDING INDUSTRY ASSOCIATION, Plaintiff and Respondent, v. BAY AREA AIR QUALITY MANAGEMENT DISTRICT, Defendant and Appellant.

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

August 13, 2013.


Attorney(s) appearing for the Case

Brian C. Bunger , Randi L. Wallach ; Shute, Mihaly & Weinberger, Ellison Folk and Erin B. Chalmers for Defendant and Appellant.

Matthew Vespa for Sierra Club and Center for Biological Diversity as Amici Curiae on behalf of Defendant and Appellant.

Burke, Williams & Sorensen, Thomas B. Brown and Matthew D. Visick for League of California Cities and California State Association of Counties as Amici Curiae on behalf of Defendant and Appellant.

Kurt R. Wiese , Barbara B. Baird , Veera Tyagi and Ruby Fernandez for South Coast Air Quality Management District as Amicus Curiae on behalf of Defendant and Appellant.

Thomas E. Montgomery , County Counsel, and Paula Forbis , Deputy County Counsel, for San Diego County Air Pollution Control District as Amicus Curiae on behalf of Defendant and Appellant.

Cox, Castle & Nicholson, Michael H. Zischke , Andrew B. Sabey and Christian H. Cebrian for Plaintiff and Respondent.

Perkins Coie , Stephen L. Kostka and Geoffrey L. Robinson for Center for Creative Land Recycling, Burbank Housing, Bay Planning Coalition, San Francisco Housing Action Coalition, First Community Housing, San Mateo County Economic Development Association, Nonprofit Housing Association of Northern California and Bridge Housing as Amici Curiae on behalf of Plaintiff and Respondent.


OPINION

NEEDHAM, J.

The California Environmental Quality Act (CEQA; Pub. Resources Code, § 21000 et seq.) requires public agencies to conduct an appropriate environmental review of discretionary projects they carry out or approve and to prepare an environmental impact report (EIR) for any project that may have a significant effect on the environment. (Pub. Resources Code, §§ 21151, 21100, 21080, 21082.2.) The CEQA guidelines...

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