Case Study: Tracy First V. City Of Tracy

Law360, New York (October 8, 2009, 2:25 PM EDT) -- For the first time, a court has addressed the question whether an Environmental Impact Report's evaluation of energy impacts is sufficient under the California Environmental Quality Act.

Further, the California Court of Appeal upheld a city’s determination that payment of fees for traffic improvements on county land, outside city limits, would not constitute feasible mitigation because the county had no reasonable plan for collecting such fees or implementing the needed roadway improvements.

Tracy First v. City of Tracy, 177 Cal. App. 4th 1 (2009), involved an...
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