The Court of Appeal upheld the City of Newport Beach’s reliance on an EIR addendum to approve a residential project whose impacts had been evaluated in a 2006 Program EIR for a general plan update. Olen Properties Corp. v. City
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Overlay Cannabis District Was Consistent with General Plan and EIR and Exempt from CEQA
The Court of Appeal held that the addition of cannabis retailers to existing commercial neighborhoods through an overlay zoning district was exempt from CEQA as consistent with the existing General Plan and related EIR. Lucas v. City of Pomona, 92
Court Upholds Project Description in EIR for UC Berkeley’s Fire Hazard Vegetation Reduction Plan
The court of appeal upheld the project description in the EIR for the University of California, Berkeley’s fire hazard vegetation reduction plan, holding that it contained sufficient information to understand the plan’s environmental impacts, including objective criteria for vegetation removal,
Preliminary Injunctions in CEQA Cases Require an Evaluation of Harm to the Public Interest in Informed Decision-Making
Concluding that it was a “near certainty” that the Stratford Public Utility District (SPUD) failed to comply with CEQA when it granted an easement for a water pipeline, the appellate court vacated an order denying a preliminary injunction that would
Ninth Circuit Upholds FAA’s Alternatives Analysis Limited to Airport Project and No Action Alternative But Invalidates EIS For Failure to Aggregate Construction Equipment Noise
The Ninth Circuit upheld the Federal Aviation Administration’s decision to study only the project and the no action alternative in an EIS for a new passenger terminal. However, the court found the FAA violated NEPA by failing to account for
New EIR and Senate Bill Mooted CEQA Challenge to Berkeley Enrollment Decisions
The Court of Appeal held that CEQA challenges to proposed student enrollment increases and development projects were moot due to an updated EIR that addressed the flaws in an earlier EIR, and in light of Senate Bill 118, which clarified
Junipero Serra Statue Not Historically Significant
The Court of Appeal rejected a challenge to the City of Buenaventura’s removal of a statue, finding there was substantial evidence for the City’s conclusion that the statue was not historically significant. Coalition for Historical Integrity v. City of San
Berkeley Ordinance Banning Natural Gas Infrastructure Preempted by Federal Statute
The Ninth Circuit held that a Berkeley ordinance prohibiting natural gas infrastructure in new buildings was preempted by the Energy Policy and Conservation Act (“EPCA”), 42 U.S.C. § 6297(c), which regulates the energy use of natural gas appliances used in
Neighbor’s Appeal of Planning Commission Decision Did Not Support Anti-SLAPP Motion
The Court of Appeal ruled that the protected speech or petitioning activity on which an anti-SLAPP motion is based must be a target of the suit and not merely an event that triggered claims unrelated to such speech or activity.
Court Held That Obligation to Further Fair Housing Requires More Than the Absence of Discrimination and That Base Zoning Allowing Lower Densities Violated Housing Element Law Even Though Overlay Zoning Required Minimum Densities
A court addressed the City of Clovis’ repeated failures to accommodate lower-income housing needs. Disagreeing with the Department of Housing and Community Development’s (HCD’s) determination that the City’s Housing Element complied with Housing Element Laws, it held the City failed