CA Court of Appeals: Some Projects Require 'Urban Decay' Mitigation

When a new shopping center may leave existing retail areas short of business, a California court has ruled that mitigations of "urban decay" must be spelled out up front.

If an edge-of-town shopping center will cause "urban decay" in the form of lost downtown business, the EIR needs to spell out enforceable mitigation measures up front. That's one of several holdings in California Clean Energy Committee v. City of Woodland, a painstaking, meaty opinion by California's Third District Court of Appeal. The opinion was first issued in February with "unpublished" status. Some very smart lawyers who represent community groups recently persuaded the court to give the weight of precedent to the decision's core holdings.

Full Story: EIR overturned for slim 'urban decay' mitigation


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