In the case of Save the Capitol, Save the Trees v. Department of General Services, filed in the Court of Appeal of the State of California, Third Appellate District (Sacramento) on April 18, 2024 (case ID: C100160), plaintiff Save the Capitol, Save the Trees is appealing against an order discharging a peremptory writ of mandate issued by the trial court.
The lawsuit stems from a dispute over an environmental impact report (EIR) related to a proposed project that would significantly alter the California State Capitol complex. The EIR was prepared by defendant Department of General Services and real party in interest Joint Committee on Rules of the California State Senate and Assembly. The plaintiff argues that this EIR failed to comply with the California Environmental Quality Act (CEQA).
Save the Capitol contends that discharge of the writ was premature because it required DGS to revise and recirculate defective portions of the EIR and certify a revised EIR consistent with Save Our Capitol before it could be discharged. Furthermore, they argue that DGS has not yet reapproved one component of the project - the visitor center.
The plaintiff seeks for judgment that as to approved project components, the trial court must determine that revised EIR is consistent with Save Our Capitol before discharging the writ. They request reversal and remand for further proceedings.