Coalition for a Sustainable Future in Yucaipa v. City of Yucaipa

In an unpublished opinion, the California Court of Appeal affirmed denial of attorney fees to a group that challenged the City of Yucaipa’s approvals for a shopping center. The group had contended that the City failed to fulfill California Environmental Quality Act (CEQA) obligations, including by failing to consider greenhouse gas impacts. The trial court dismissed the group’s challenge, and the group’s appeal was dismissed as moot after the shopping center’s developer abandoned the project and the City revoked its approvals. The group argued that it was entitled to attorney fees because its lawsuit was a catalyst for the City’s revocation of the approvals. The Court of Appeal said that evidence indicated the approvals were rescinded because the developer abandoned the project, not because the environmental review violated CEQA. The Court of Appeal also agreed with the trial court that the group was not a prevailing party.

An environmental group filed a lawsuit challenging the City of Yucaipa’s approval of a shopping center on land owned by the City. Among other things, the petition alleged that the project failed to properly consider greenhouse gas emissions as required under the California Environmental Quality Act. The trial court denied the petition and dismissed the proceeding. On appeal, the appellate court dismissed the case on mootness grounds given that the project had been abandoned and the City had rescinded its approval for it.