San Diego Navy Broadway Complex Coalition v. City of San Diego

Opinion

AARON, J.

I

INTRODUCTION

The California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.) 1 requires that a public agency prepare an environmental impact report (EIR) whenever the agency undertakes a “discretionary” project that may have a significant impact on the environment. (§ 21080.) Courts have concluded that the “touchstone” for determining whether an agency has undertaken a discretionary action that requires the preparation of an EIR is whether the agency would be able to meaningfully address the environmental concerns that might be identified in the EIR.…