The Inland Oversight Committee v. City of Covina CA2/4
B268735
| Cal. Ct. App. | Aug 16, 2016

Background

  • City of Covina approved a mitigated negative declaration and related approvals for a proposed auto dealership at 633-635 S. Citrus Ave., including a city subsidy.
  • The Inland Oversight Committee (nonprofit environmental advocacy org.) challenged the approval, alleging CEQA violations for failure to prepare an EIR and inadequate mitigation monitoring.
  • Plaintiff alleged the project would cause significant traffic, noise, hazards, hydrology/water quality, and cumulative impacts, and that at least one member lives in Covina.
  • City and real parties demurred for lack of beneficial interest/standing under CCP §1086, arguing plaintiff failed to allege a personal, particularized interest beyond that of the public.
  • Trial court sustained the demurrer without leave to amend and dismissed. Plaintiff appealed.
  • The Court of Appeal reversed, holding the public-interest litigation exception to the personal-beneficial-interest requirement applied to permit the suit to proceed.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Standing to seek mandamus under CCP §1086 (beneficial interest) in CEQA challenge Plaintiff alleged environmental harms to its members (traffic, noise, hazards, cumulative impacts) and at least one member resides in Covina; public-interest exception applies Plaintiff lacks a clear, direct, substantial beneficial interest or geographical nexus; injuries are generalized like those of the public Court held public-interest litigation exception applies; allegations of environmental harm to members suffice to proceed under Bozung and SCRAP

Key Cases Cited

  • Bozung v. Local Agency Formation Commission, 13 Cal.3d 263 (1975) (environmental harms support standing; broad effects not limited by political boundaries)
  • United States v. SCRAP, 412 U.S. 669 (1973) (alleged injury to use of natural resources suffices for standing even if many others share the injury)
  • Board of Social Welfare v. County of Los Angeles, 27 Cal.2d 98 (1945) (public-right mandamus permits relaxation of personal-interest requirement)
  • Save the Plastic Bag Coalition v. City of Manhattan Beach, 52 Cal.4th 155 (2011) (standing analysis where plaintiff had a direct economic interest)
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