When you write an opinion that creates an express conflict with another opinion from the Court of Appeal, you'd better write a pretty good one. Especially when, as here, it involves a fairly important issue, and hence one that the California Supreme Court's likely to take up after you create the split.
Justice Wiseman does exactly that.
I wouldn't at all be surprised to see the Cal Supremes take this one up and adopt Justice Wiseman's view. Projects that are approved by the voters in a voter-sponsored initiative are exempt from having to prepare an environmental impact report. But having fifteen percent of the voters sign an petition to get an initiative on the ballot, and then having the City Council adopt the initiative as a statute in lieu of an election, isn't the same thing. That doesn't create an exemption.
