Citizens Against Airport Pollution v. City of San Jose

The eighth addendum to a 1997 environmental impact report for San Jose’s International Airport Master Plan concerns the environmental impacts of recent amendments to the Airport Master Plan, which include changes to the size and location of future air cargo facilities, replacement of air cargo facilities with 44 acres of general aviation facilities, and modification of two taxiways to provide better access for corporate jets. The trial court rejected a challenge under the California Environmental Quality Act, Public Resources Code 21000, which claimed that the amendments constituted a new project and that the changes are substantial and require major revisions to the EIR with respect to noise, greenhouse gas emissions, toxic air contaminants, and the burrowing owl habitat. The appeals court affirmed, finding substantial evidence showing that the master Plan amendments addressed in the eighth addendum will not result in any new significant impacts on noise, air quality, and the burrowing owl habitat that are substantially different from those described in the 1997 EIR and the 2003 supplemental EIR. The city did not violate sCEQA Guidelines by failing to analyze greenhouse gas emissions in the eighth addendum. View "Citizens Against Airport Pollution v. City of San Jose" on Justia Law