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CITIZENS FOR RESPONSIBLE EQUITABLE ENVIRONMENTAL DEVELOPMENT, Plaintiff and Appellant v.CITY OF CHULA VISTA, Respondent and TARGET CORPORATION,, Real Party in Interest and Respondent.

Country/Territory
United States of America
Type of court
National - higher court
Date
Aug 7, 2011
Source
UNEP, InforMEA
Court name
California Court of Appeal for the Fourth Appellate District
Judge
MCCONNELL, MCINTYRE and AARON.
Reference number
D057779
Language
English
Subject
Water, Air & atmosphere, Environment gen., Agricultural & rural development
Keyword
Climate change
Abstract
The present case is addressing greenhouse gases in California. the City of Chula Vista certified a mitigated negative declaration ("MND") and approved development permits for a project that would demolish an existing Target store, a smog check facility, and a small market, and construct in its place a larger Target store. CREED filed suit, claiming that CEQA required the City to certify a full environmental impact report because the project would have a significant environmental impact on hazardous materials, air quality, particulate matter and ozone, and greenhouse gas emissions. While the court held that an EIR was likely required for other reasons, the court also held that, to demonstrate the project’s consistency with the GHG emissions reduction goals established by California's "Global Warming Solutions Act" (AB 32), the City had properly relied upon evidence the project’s emissions were below the GHG threshold of significance. The City established this threshold of significance using what has become known as the "Business-As-Usual" ("BAU") method. The court also held that the City properly relied on the thresholds of significance in the South Coast Air Quality Management District's CEQA Air Quality Handbook to conclude that the project's air quality impacts (particulate matter and ozone) were not cumulatively considerable even though the San Diego air basin is in non‑attainment for particulate matter pollution.
Full text
COU-158084.pdf