Opinion
S214061
05-11-2016
FRIENDS OF THE COLLEGE OF SAN MATEO GARDENS v. SAN MATEO COUNTY COMMUNITY COLLEGE DISTRICT
A135892 First Appellate District, Div. 1
Supplemental briefing ordered
Submission is vacated in order to allow for supplemental briefing. The court requests that the California Natural Resources Agency, with the Governor's Office of Planning and Research (collectively, “Natural Resources Agency”), serve and file supplemental briefing. The court also directs the parties to serve and file supplemental briefing. All supplemental briefs shall address the following questions: (1) Under California Environmental Quality Act (CEQA) Guidelines section 15162, what standard of judicial review applies to an agency's determination that no environmental impact report (EIR) is required as a result of proposed modifications to a project that was initially approved by negative declaration or mitigated negative declaration? (See generally Benton v. Board of Supervisors (1991) 226 Cal.App.3d 1467, 1479-1482.) (2) Does CEQA Guidelines section 15162, as applied to projects initially approved by negative declaration or mitigated negative declaration rather than EIR, constitute a valid interpretation of the governing statute? (Compare Bowman v. City of Petaluma (1986) 185 Cal.App.3d 1065, 1073-1074 with Benton at pp. 1479-1480.)
All supplemental briefs addressing these questions shall be served and filed on or before June 15, 2016. The parties may serve and file simultaneous reply briefs on or before June 22, 2016. No extension of time for the filing of these briefs is contemplated. Subject to further order of this court, the matter will be submitted on the date that the last supplemental brief is or could be timely filed under this order or any subsequent order of this court. (See generally Cal. Rules of Court, rule 8.524(h).)