Post Sustainability Institute v. Association of Bay Area Governments

In an unpublished opinion, the California Court of Appeal ruled that adoption of the “Plan Bay Area 2040” sustainable community strategy in 2017 mooted an appeal concerning an earlier “Plan Bay Area.” Petitioners argued that Plan Bay Area could not feasibly meet greenhouse gas emissions reductions targets, that it violated the Equal Protection Clause of the Fourteenth Amendment, and that it usurped local land use autonomy. The appellate court said it was “disinclined” to analyze the infeasibility claim without the petitioners explaining the impacts of “meaningful changes” included in Plan Bay Area 2040. The appellate court also found that the petitioners had provided no reason to conclude that the other claims were likely to recur or raised declaratory relief issues that should be addressed by the court. The Court of Appeal said it was sympathetic to the argument that the issues raised were likely to evade judicial review, due to the required revision of the plan every four years and the time required for review. The court concluded, however, that the argument was not persuasive “in the absence of any meaningful indication by petitioners” that the factors warranting exercise of discretionary authority to consider the appeal were present in this case.