San Francisco Baykeeper and Citizens Committee to Complete the Refuge filed a lawsuit in California Superior Court asking the court to set aside the City of Newark’s certification of a final environmental impact report (FEIR) under the California Environmental Quality Act (CEQA) for the Mowry Village Project, as well as related approvals for the residential development, which would include 203 single-family detached homes. The alleged shortcomings in the environmental review included a failure to adequately analyze the issue of “coastal squeeze,” which the FEIR defined as “the loss of natural habitats or deterioration of their quality arising from placement of structures along the shoreline, preventing landward transgression of those habitats that would naturally occur in response to sea level rise.” The petitioners alleged that the FEIR failed to respond to scientific papers submitted in public comments “that emphasize coastal squeeze’s threat to natural habitats from the prevalence of coastal infrastructure such as the Project’s coastal armoring and associated flood control infrastructure,” and also failed to address the Regional Water Quality Control Board’s comments regarding how the Project would exacerbate coastal squeeze. Another issue identified by the petitioners was an alleged failure to describe and analyze components of the project that would provide protection against sea level rise; the petition alleged that those components “have significant implications for how sea level rise effects could be managed or exacerbated by the Project, and themselves have potentially significant effects not analyzed by the EIR.” In addition, the petitioners alleged that the FEIR did not address the risk of groundwater rise mobilizing hazardous materials.

Challenge to the environmental review for a residential project in the City of Newark, California.

San Francisco Baykeeper v. City of Newark

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Petitioners Raised Sea Level Rise Concerns in CEQA Challenge to Residential Development in Newark

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

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A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

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Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

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The management and allocation of funds, assets and investments to meet various objectives

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A ban is a legal action that prevents the sale or supply of a product or service, or that recalls a product from the market. Examples are bans on SF6, greenwashing, fossil fuel advertisement or single-use plastics.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Actions or measures to adapt freshwater systems to climate change.

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

Risks to the ecosystem health of the marine environment, including ocean warming, ocean acidification, and ocean deoxygenation, harming biodiversity, species health, ecosystem services, and coastal community livelihoods.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

Social inclusion is the process of improving the terms on which individuals and groups take part in society—improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity.

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

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Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Petitioners Raised Sea Level Rise Concerns in CEQA Challenge to Residential Development in Newark

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Risk

Just transition

Fossil fuel

Economic sector

Adaptation/resilience

Finance