Committee for Re-Evaluation of the T-Line Loop v. San Francisco Municipal Transportation Agency, (2016) 6 Cal.App.5th 1237, involved a CEQA challenge to the San Francisco MUNI’s approval of a project to construct a new streetcar loop in the southeastern part of the City.  MUNI determined that the loop project was part of a larger light rail extension project to provide service to that part of the City.  MUNI determined that no new environmental review was required because the earlier project was approved in 1998 in conjunction with a full environmental impact report, and that this project did not involve any new information, project changes or additional impacts that were not previously addressed (pursuant to Public Resources Code section 21166).  Following the Friends of the College of San Mateo Gardens case (discussed above), the court applied the deferential substantial evidence standard and affirmed MUNI’s decision.

©2017 Miles J. Dolinger

In Friends of the College of San Mateo Gardens v. San Mateo Community College District, (2016) 1 Cal.5^th 937, the California Supreme Court resolved some issues about using the environmental review that was conducted for a previous project for a new or significantly changed project.  Essentially, the Court held that an an approving agency can rely on an old EIR as the environmental review for a new project as long as the old EIR retains some informational value to the analysis of the new project.