Enviro Group Can Sue Over San Jose City Plan: Appeals Court

Law360, Los Angeles (October 1, 2013, 4:48 PM EDT) -- A California appeals court on Monday overturned a lower court's ruling dismissing an environmental group's challenge to an environmental impact report for the city of San Jose's updated general plan, finding the EIR was not lawfully certified by the city's planning commission and that the group exhausted its administrative remedies.

A three-judge panel found the California Clean Energy Committee may bring suit against San Jose, disagreeing with a state trial court's finding that the CCEC failed to exhaust its administrative remedies before it filed a petition...
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