World Business Academy v. California State Lands Commission

Petitioner sought an administrative writ and declaratory relief, contending that the lease replacement between PG&E and the Commission should not have been subject to the existing facilities exemption, and that even if it was, the unusual circumstances exception to the exemption should apply. The Court of Appeal affirmed the trial court's rejection of petitioner's contentions and denied the writ and declaratory relief. The court held that the record supported the Commission's application of the existing facilities exemption where the lease replacement would not expand the existing use of the plant. In this case, PG&E has leased the same land from the Commission for nearly 50 years, and the lease replacement maintained rather than expanded the plant's current operational capacity. The court also held that the Commission properly applied the fair argument standard in considering possible effects on the environment due to any unusual circumstances. The court rejected petitioner's remaining arguments. View "World Business Academy v. California State Lands Commission" on Justia Law