CSU General Counsel

Current Legal Developments

The purpose of this site is to highlight current legal developments that significantly affect the California State University or higher education.

  • NEWS
    • Appellate Court Publishes Decision Holding CSU Is Not Responsible for Cost of Emergency Services as Environmental Mitigation
      In June 2012, the Court of Appeal ruled that the bulk of the CSU East Bay Master Plan Environmental Impact Report is adequate. The Court ruling includes the finding that CSU's determination that new fire protection facilities would not result in significant environmental impact was supported by substantial evidence. Importantly, the Court held that "the obligation to provide adequate fire and emergency medical services is the responsibility of the city" and not the CSU. The need for fire protection services is not an environmental impact that CSU is required to mitigate. The California Supreme Court has accepted this decision for review, pending the outcome of the SDSU case described below.

    • California Supreme Court Grants CSU’s Petition for Review in CEQA Case on Marina Off-Site Mitigation Costs
      In April 2012, the California Supreme Court unanimously granted CSU's petition for review in a lawsuit brought by the City of San Diego, which challenges the Environmental Impact Report prepared by San Diego State University for its revised Master Plan. The City argues that SDSU must do more than request funds from the Legislature for off-site mitigation, as required by the majority opinion in the earlier City of Marina Supreme Court decision, and should instead demonstrate as a matter of law compelling reasons why "potential sources of funding other than the Legislature" cannot also be used for off-site improvements, as proposed by one of the Supreme Court Justices who wrote a concurring opinion in the City of Marina case. SDSU has argued that its CEQA obligations are satisfied by what the majority opinion required.

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    Last Updated: December 08, 2016