Sierra Club v. San Diego County

The California Court of Appeal affirmed. The appellate court agreed with the trial court that the County had erred in assuming that the CAP was within the scope of the County’s 2011 GPU. The 2011 GPU included mitigation measures, including one that committed the County to preparing a CAP that included detailed greenhouse gas emissions reduction targets and deadlines and enforceable emissions reductions measures. The appellate court ruled that the CAP did not comply with these requirements. Moreover, because the CAP itself was a “plan-level document” that would facilitate additional development that would not be required to undergo additional review, a supplemental EIR should have been prepared for the CAP and the CAP should have included enforceable mitigation measures. In March 2015, the California Supreme Court denied a petition for review.