For Immediate Release:
Duncan McFetridge, Cleveland National Forest Foundation, Tel: (619) 445-9638 Email: [email protected]
Livia Borak Beaudin, Coast Law Group, Tel: 760-942-8505 Email: [email protected]
In a victory for climate action and environmental protection, the San Diego County Transportation Study Guide (TSG) has been struck down on appeal following a lawsuit filed by the Cleveland National Forest Foundation (CNFF) and the Coastal Environmental Rights Foundation (CERF). The decision marks a significant step forward in holding local governments accountable for their role in reducing greenhouse gas emissions and addressing the impacts of vehicle travel on the environment.
In their California Environmental Quality Act (CEQA) lawsuit, filed on November 2, 2022, CNFF and CERF challenged the TSG, arguing the County’s approach to evaluating transportation impacts failed to comply with Senate Bill 743 (SB 743). This legislation, enacted to curb vehicle miles traveled (VMT) and reduce greenhouse gas emissions from the transportation sector, requires local agencies to ensure that development projects are designed to minimize environmental harm. Contrary to SB 743, the County’s plan would have allowed potential projects to bypass VMT analysis. By mislabeling developments in rural areas as “infill,” the plan incentivized projects in locations where VMT is already high, leading to increased emissions and continued sprawl development.
The trial court upheld the County’s use of two improper CEQA thresholds: the so-called “infill” threshold and small project threshold. Siding with environmentalists, the Court of Appeal reversed the Superior Court’s decision, striking down both improper thresholds. In the Opinion, filed on March 27, 2025, the Court states, “The County made no attempt to establish facts showing how often development in its designated infill and village areas will not cause a significant transportation-related impact as measured by VMT.” The Court also found the small project screening threshold lacked “any evidentiary support.”
“It’s time for the County to stop taking shortcuts and instead implement its low VMT climate policy,” said Duncan McFetridge, Director of CNFF. “We’re running out of precious time to start solving our housing and transportation problems in San Diego. The County’s continued delays hurt San Diegans and the environment.”
“We know we can’t meet our climate goals without significant reductions in automobile travel,” said Sara Ochoa, Programs Director at CERF. “Transportation costs are the second highest household expenditure. We should build housing and transit where it makes sense instead of dooming future generations to wildfire risks and soul-crushing commutes.”
Petitioners and Appellants were represented in this case by Coast Law Group LLP. A copy of the Opinion can be found here.