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UC Berkeley Press Release

Vice Chancellor Nathan Brostrom's statement on the court ruling at the June 18 press conference

We have reviewed the Judge Barbara Miller's ruling and one thing is clear: the university has prevailed on virtually every legal challenge brought to halt construction of the proposed Student Athlete High Performance Center. We are thrilled that the judge concluded that state seismic law will allow the Student-Athlete High Performance Center to be built on the site. This is a major victory for our students. You may be hearing a lot of spin from other parties about the ruling, so let me read to you directly form the judge's ruling:

"The court finds that, with certain exceptions, the Respondents' certification of the Environmental Impact Report and accompanying findings and Statement of Overriding Consideration for the Southeast Campus Integrated Projects ("Integrated Projects") and approval of the first phase of the Integrated Projects, the California Memorial Stadium's ("CMS" or "Stadium") Student Athlete High Performance Center ("SAHPC"), complies with the Alquist-Priolo Earthquake Fault Zoning Act ("Alquist-Priolo"), Public Resources Code1 section 2621 et seq.; and the California Environmental Quality Act ("CEQA"), section 21000 et seq.

"The Regents are subject to Alquist-Priolo's requirements. As a whole, the SAHPC project does not violate Alquist-Priolo because it will not be constructed on an active fault, and the SAHPC overall is not an "addition" or "alteration" to CMS within the meaning of Alquist-Priolo. However, as set forth herein, certain elements of the SAHPC project do constitute alterations to CMS. In order to comply with Alquist-Priolo, Respondents must determine the value of these alterations and of the existing CMS structure.

"The Court also finds that the University complied with CEQA's procedural and substantive requirements for the Integrated Projects in nearly all respects. However, as set forth herein, the Court concludes that the record does not support the University's unavoidability findings relating to earthquake related risks and additional noise and traffic impacts that will be caused by the addition of capacity events at the CMS."

Make no mistake, we will build a new Student-Athlete High Performance center on this site in a manner that is completely consistent with the law; with our commitment to the safety of our fans, students and staff; and with our obligation to be good neighbors to the surrounding community.