Boeing obtains total victory in California Environmental Quality Act appeal

Client(s) Boeing Company, The

On behalf of The Boeing Company, Jones Day prevailed in a CEQA dispute before the California Court of Appeal. The appeal involved Boeing's efforts to demolish buildings that were formerly used for radiological activity but have since been cleaned of radiological contamination and cleared for unrestricted use by the relevant state and federal agencies. Public-interest organizations nevertheless claimed that CEQA prohibited Boeing from demolishing these buildings until state agencies prepared an environmental analysis. The California Court of Appeal rejected that position, relying extensively on Boeing’s arguments. Most notably, the Court of Appeal agreed that Boeing’s demolitions would be a CEQA “project” for the state agencies only if the agencies were issuing Boeing a legal “entitlement” to demolish the buildings; and that Boeing needed no such pre-authorization from the agencies to proceed with the demolitions. The California Supreme Court denied a petition for review filed by the public-interest organizations.

Physicians for Social Responsibility v. Dep't of Toxic Substances Control, No. C088821 (Cal. App.)