In McCann v. City of San Diego (2023) 94 Cal.App.5th 284 (McCann II), the Fourth District Court of Appeal held the trial court exceeded its jurisdiction by failing to discharge a writ of mandate. The writ was issued for the failure to analyze whether a set of projects approved through a mitigated negative declaration (MND Projects) to convert overhead utility wires to an underground system in several neighborhoods were consistent with the City’s Climate Action Plan. In this second appeal concerning the writ and continuing jurisdiction, the Court of Appeal found the writ was fully satisfied because the City rescinded the MND Projects approvals, thus requiring the writ to be discharged.
McCann IIn McCann v. City of San Diego (2021) 70 Cal.App.5th 51 (McCann I), Margaret McCann, a resident of a neighborhood within the undergrounding project, challenged the need for the underground system to be supplemented with above-ground transformers housed in three-foot-tall metal boxes on the public right-of-way. She alleged the City violated CEQA on four grounds by failing to properly consider the environmental impacts of two undergrounding projects. The Court of Appeal rejected all grounds except the assertion that substantial evidence did not support the City’s finding that the Projects would not have a significant environmental impact due to greenhouse gas (GHG) emissions. The Court held that because the City failed to analyze whether the MND Projects were consistent with the GHG reduction measures included in the City’s Climate Action Plan, substantial evidence did not support the City’s finding that the Projects would not have a significant environmental effect. The judgement was reversed as to the MND Projects and the Court directed the trial court to issue a writ ordering the City to set aside the resolutions that approved the Projects.
Proceedings on RemandThe trial court issued a writ consistent with the Court of Appeal’s order...
