Nassiri v. City of Lafayette (Sept. 18, 2024) 103 Cal.App.5th 910

This case involves a challenge to the City of Lafayette’s use of the Class 32 (urban infill) exemption for a 12-unit condominium on a developed parcel. Nassiri argued that the project did not qualify for this exemption because the project site has value as habitat for threatened, rare, or endangered species and would result in significant effects on air quality.

The Court of Appeal denied Nassiri’s claim. Although the parcel was already developed, a small portion contains a creek with adjacent trees. Both Nassiri’s and the City of Lafayette’s biologists concluded that this contained habitat for two species of birds. The City of Lafayette’s biologist concluded that neither of these species was rare (as defined in State CEQA Guidelines Section 15380), nor were they threatened or endangered based on state and federal listings. Nassiri’s biologist did not present substantial evidence that these species met the definition of “rare.”

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Summary of Key 2024 CEQA Court Cases

Association of Environmental Professionals 2025

With regard to air quality, Nassiri asserted that construction and operation would exceed air quality district standards for diesel particulate matter. The developer’s air quality consultant pointed out that the method used by Nassiri to calculate diesel particulate matter grossly overestimated emissions from the project. The Court concluded that Nassiri’s analysis did not constitute substantial evidence of a significant effect.