Friends of Willow Glen Trestle v. City of San Jose

The City of San Jose proposed to demolish the Willow Glen Railroad Trestle and replace it with a new, steel truss pedestrian bridge to service its trail system. The City found that the Trestle was not a “historical resource,” and therefore the project would not have a significant effect on the environment. It adopted a mitigated negative declaration (MND) under the California Environmental Quality Act (CEQA) (Public Resources Code 21000). Opponents argued that an environmental impact report (EIR) was required. The trial court invalidated approval of the project, finding that there was a “fair argument” that the Trestle was a historical resource. The court of appeal reversed. The statutory scheme requires application of a deferential substantial evidence standard of judicial review. Substantial evidence means enough relevant information and reasonable inferences from this information that a fair argument can be made to support a conclusion, even though other conclusions might also be reached. Whether a fair argument can be made that the project may have a significant effect on the environment is to be determined by examining the whole record before the lead agency. View "Friends of Willow Glen Trestle v. City of San Jose" on Justia Law