Oski87 said:
Would it be that hard for some of these kids who are going to miss out on a Cal degree to sue in a class action the group and the leader of the group who have facilitated this frivolous suit? It seems to me that one of our smart lawyers here could take that on. The damages of career lost earnings by the 115,000 applicants with a 30% lower chance of admissions seems like that would be significant.
yes, it would be hard for the students to maintain a suit and also prevail.
I did a lot of CEQA work, particularly representing a large CA governmental agency (not UC). Reader's Digest is that CEQA was intended as an informative process, by which there was public disclosure of environmental impacts for public debate on approval of real estate projects. The practice, when it comes to CEQA litigation, is CEQA often is used for a variety of strategic purposes that include business competitors trying to stop companies from business growth, "green mailing" project proponents, NIMBYs or similar types to delay and hopefully stop undesirable projects, and other objectives not always considered perfectly fitting within the intent of why CEQA was drafted. CEQA is one reason why the housing shortage exits, and Newson and the legislature have been incrementally exempting different types of housing projects from CEQA review (or greatly limiting review).
In response to CEQA challenges, project proponents started suing plaintiffs and politicians for defamatory remarks (a lot of activists, in particular, would make some wild assertions) and on other grounds, and the threat of lawsuit basically shut off nimby suits. There were situations where a LA City Councilwoman made a snarky remark to a developer during a CEQA hearing that she lost a $20 plus million judgment, and could not afford to run for reelection (the angry developer put her into BK and took most of her assets). The only plaintiffs soon became green mailers (who are sophisticated environmental law firms) and those who could mount serious CEQA challenges, which are not inexpensive, on technical grounds, without bad mouthing projects. The State responded with legislation that made if very difficult for those benefitting from real estate projects to sue CEQA plaintiffs, known as the "anti-SLAPP" law, and that has eliminated many counter CEQA suits. I will let litigators discuss this more, but I don't see students having standing or being able to prove damages when they can go to other top colleges. This is deliberately a general response. My sitting and computer time is rationed in conjunction with negotiations with my spine surgeon, so I may not be able to respond further for a while.
Cal has said that the decision made by the trial court, which in essence suggests the decision to admit more students is a real estate project that should have been reviewed (as opposed to requiring CEQA review on the actual real estate project to provide housing) is unprecedented and a reach that could have devastating impacts on operating a businesses in California, and should be overturned. I suspect that Cal is correct that the case will be overturned, or that the results of the case ultimately will be overturned by the legislature. But in the interim, there is a trial court decision outstanding, and unless the State Supreme Court or legislature intercedes quickly, those students are not coming to Cal until the appellate court hears the appeal (which it has agreed to do) and rules against the plaintiffs.