IBC Business Owners for Sensible Development v. City of Irvine

The California Court of Appeal affirmed a trial court decision that granted a petition for writ of mandate challenging the City of Irvine’s approval of a plan to redevelop a 4.95-acre parcel in the Irvine Business Complex with an office complex. The court found that there was insufficient evidence showing that the project’s greenhouse gas emissions were within the scope of the program environmental impact report prepared for the IBC development plan in 2010. The court further found that the project’s greenhouse gas emissions had not been shown to be less than significant. The court also rejected a contention that the project was subject to an exemption from environmental review for in-fill development. The court found that no exemption applied because the project involved “unusual circumstances which may cause significant environmental effects”—namely, greenhouse gas emissions exceeding significance thresholds.