CEQA Case Report: Understanding the Judicial Landscape for Development[i]

By Christopher W. Garrett, Megan K. Ampe, James A. Erselius

In a published opinion issued May 1, 2018, Jensen v. City of Santa Rosa, Case. No. SCV255347, the California Court of Appeal affirmed the trial court’s judgment upholding the City of Santa Rosa’s (City’s) negative declaration finding no significant environmental effects. In summary the court found:

• The presentation of a non-expert analysis using a vague and difficult-to-grasp methodology cannot be regarded as a legitimate factual or scientific basis and will not satisfy the requirements of substantial evidence to support a fair argument.

The petitioners, two neighbors of the proposed project (Petitioners), had filed an unsuccessful petition for writ of administrative mandate seeking to overturn City’s negative declaration and to compel City to perform an environmental impact report (EIR). Petitioners had challenged City’s decision under CEQA alleging that, among other things, noise impacts from the Project were sufficient to require the preparation of an EIR.