On July 9, 2014, the California Supreme Court granted the petition for review filed by Plaintiff/Respondent Center for Biological Diversity (CBD) in Center for Biological Diversity, et al. v. Department of Fish and Game (Newhall Land Farming Company) (2d Dist. 2014) 224 Cal.App.4th 1105 (Supreme Ct., Case No. S217763). The new grant adds to the half dozen other CEQA cases in which the Supreme Court has granted review in the last few years.
The Court of Appeal’s lengthy, partially published opinion, now vacated by the high court’s grant of review, involved numerous issues arising under both CEQA and the California Endangered Species Act (CESA) in connection with resource management approvals for the massive Newhall Ranch project. These included significant CEQA issues concerning greenhouse gas (GHG) baseline setting and assessment methodology which were addressed in an unpublished portion of the decision. For a detailed analysis of the Court of Appeal’s decision, see “Second District Addresses Interesting CEQA and Species Mitigation Issues In Lengthy Partially Published Opinion Upholding Resource Management and Conservation Approvals for Newhall Ranch Project, but “Hides Its Work” on Significant Greenhouse Gas Issues in Unpublished Portion,” by Arthur F. Coon, posted 4/4/14.
Questions? Please contact Arthur F. Coon of Miller Starr Regalia. Miller Starr Regalia has had a well-established reputation as a leading real estate law firm for fifty years. For nearly all that time, the firm also has written Miller & Starr, California Real Estate 3d, a 12-volume treatise on California real estate law. “The Book” is the most widely used and judicially recognized real estate treatise in California and is cited by practicing attorneys and courts throughout the state. The firm has expertise in all real property matters, including full-service litigation and dispute resolution services, transactions, acquisitions, dispositions, leasing, construction, management, title insurance, environmental law, and redevelopment and land use. For more information, visit www.msrlegal.com.