The City of Jackson has prevailed in court to invalidate a referendum challenging certification of the Environmental Impact Report, or EIR, for the City’s General Plan Land Use Element, Circulation Element and a revised Development Zoning Code.  The City Council approved the EIR in March, 2008, however, before the City could complete the approval of the three projects subject to the EIR, a referendum petition was circulated to require the City Council to either repeal its approval of the EIR or place it on the ballot for voter consideration. California law specifies a process for challenging certain actions of the City Council by referendum. 

It is the City Council’s position that approval of a complex document written to assess the environmental impacts of a project under the California Environmental Quality Act is not one of the actions that can properly be challenged by referendum and that other requirements of the referendum process had not been met. After careful consideration, the Jackson City Council authorized the City Attorney to file an action with the courts to invalidate the referendum.  In a ruling dated July 18, Judge Harlan ruled that the referendum is invalid and the City’s writ to invalidate the referendum was granted. With the EIR certification issue resolved with the courts, the City Council will be reviewing a schedule for adoption of two General Plan Elements and the Development Code at its meeting this coming Monday.