Communities for a Better Environment v. California Resources Agency

Full title: COMMUNITIES FOR A BETTER ENVIRONMENT et al., Plaintiffs and Appellants, v…

Court: California Court of Appeals, Third District

Date published: Nov 21, 2002

No. C038844 (Cal. Ct. App. Nov. 21, 2002)

Opinion

Page 941a

103 Cal.App.4th 941a ___Cal.Rptr.2d___ COMMUNITIES FOR A BETTER ENVIRONMENT et al., Plaintiffs and Appellants, v. CALIFORNIA RESOURCES AGENCY, Defendant and Respondent; CALIFORNIA BUILDING INDUSTRY ASSOCIATION, Intervener and Appellant. C038844 California Court of Appeal, Third District November 21, 2002

[Modification of opinion (103 Cal.App.4th 98; 126 Cal.Rptr.2d 441).]

OPINION

THE COURT. ^*

* Before Davis, Acting P. J., Morrison, J., and Callahan, J.

It is ordered that the opinion filed herein on October 28, 2002, be modified as follows:

On line 4 of the first sentence on page 6 [103 Cal.App.4th 107, advance report, 2d par., line 3], the words "mitigations and alternatives identified in the EIR are infeasible and" are inserted between the words "that" and "the" so that the sentence reads as follows:

"CEQA requires that, before approving a project, the lead public agency find either that the project's significant environmental effects identified in the EIR have been avoided or mitigated, or that mitigations and alternatives identified in the EIR are infeasible and the unmitigated effects are outweighed by the project's benefits; if the public agency makes the latter finding, it must explain its reasoning in a statement of overriding considerations."

This modification does not change the judgment.