June 7, 2024

Make UC a Good Neighbor v. The Regents of the University of California

UC Berkeley’s Long Range Development Plan (LRDP) included the residential development of People’s Park.  Development opponents sued, convincing the Court of Appeal that the Environmental Impact Report (EIR) inadequately failed to consider the noise pollution created by student housing (i.e., the “social noise” emanating from house parties and pedestrian disturbances) and inadequately failed to consider alternative development locations.  The Supreme Court granted review.  The Legislature also responded by amending the California Environmental Quality Act (CEQA), clarifying that EIRs need not consider social noise from residential developments, and need not consider alternate locations for certain residential development projects. 

The Supreme Court reversed the Court of Appeal, upholding UCB’s LRDP, including the residential development of People’s Park, under a broad interpretation of the recent CEQA amendments.  The Court rejected the opponent’s argument that the amendments did not apply to the LRDP, holding that it qualified as a residential project within the meaning of the CEQA amendment.  Relying on Legislative history establishing an intent to overrule the Court of Appeal’s decision, the Court held that neither the LRDP EIR nor the People’s Park EIR were required to consider social noise.  The Court also held that People’s Park plainly qualified for the statutory exemption from consideration of alternate locations, since the Legislature specifically tailored that exemption to apply to the People’s Park residential development.

Horvitz & Levy LLP was cocounsel for The Regents in the Supreme Court.