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Power Plant Proposal Blocked by Lawsuit

MILPITAS, CA-The City of Milpitas has filed a lawsuit against the City of San Jose in an effort to halt development of a proposed 180-megawatt power plant slated to be built in North San Jose.

By Michelle Savage | Updated on March 27, 2002

MILPITAS, CA-The City of Milpitas has filed a lawsuit against the City of San Jose seeking to block a proposed 180-megawatt power plant to be built in North San Jose.

The Milpitas lawsuit, filed on Tuesday in Santa Clara County Superior Court, claims that San Jose did not do a proper environmental impact report (EIR) and violated the California Environmental Quality Act (CEQA) when it approved the Los Esteros Critical Energy Facility in February.

“Milpitas asserts that San Jose violated CEQA and the CEQA Guidelines by failing to prepare an environmental impact report … for the project and by approving the project absent a proper EIR and adequate findings,” reads the lawsuit.

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