The Fourth Appellate District reversed a judgment in part, affirmed in part, and remanded the action with directions. The court held that a state university abused its discretion in certifying a final environmental impact report and approving an expansion project with the assumption that it could avoid payment of its “fair-share” of the cost of off-site mitigation if the Legislature declined to appropriate the needed funds.

The California State University (CSU) certified an environmental impact report (EIR) and approved a project for the expansion of San Diego State University (SDSU). The project included the construction of new buildings and an increase in SDSU’s student enrollment from 25,000 full-time equivalent students to 35,000 by the 2024/2025 academic year.