Blog
CEQA Developments
By Miller Starr Regalia Visit the blog
517 published works
CEQA Developments
First District Holds SWRCB Small Domestic Water Use Registration Is CEQA-Exempt Ministerial Act: “CEQA Does Not Regulate Ministerial Decisions – Full Stop.”
In a published opinion filed December 15, 2021, the First District Court of Appeal (Div. 5) affirmed a trial court’s judgment entered after sustaining a demurrer to a writ petition…
CEQA Developments
Sixth District Holds Coastal Commission’s Post-Approval Analysis of Coastal Development Permit’s Environmental Impacts Violates CEQA
In an opinion filed November 15, and later ordered published on December 14, 2021, the Sixth District Court of Appeal reaffirmed the basic CEQA principle that required environmental review and…
CEQA Developments
Third District Holds CEQA Does Not Authorize “Remedy” of “Limited EIR” To Augment Deficient MND; Rather, Full EIR Must Be Prepared Where Substantial Evidence Supports Fair Argument That Any Aspect Of Project May Have Significant Environmental Effect
In a partially published opinion filed on November 3, 2021, involving the CEQA review for a bed and breakfast/commercial event project proposed on property within a Yolo County agricultural zone,…
CEQA Developments
“Let’s Not Complicate Things”: Second District Holds Trial Court Properly Exercised Its Discretion In Denying Union’s Permissive Intervention Motion In Complex Los Angeles Port CEQA Litigation
In a published opinion filed November 4, 2021, the Second Appellate District (Div. 8) affirmed the Los Angeles County Superior Court’s order denying International Longshore and Warehouse Union Locals 13,…
CEQA Developments
Fourth District Affirms Judgment Upholding CEQA Class 32 Infill Exemption For Costco Gas Station/Parking Lot Project Within Existing Shopping Center
In an opinion filed September 28, and certified for publication on October 26, 2021, the Fourth District Court of Appeal (Div. 3) affirmed a judgment denying a writ petition challenging…
CEQA Developments
A Teaching Moment? First District Affirms CEQA Action Demurrer Order Finding Late-Joined Developers of UC Berkeley Campus Project Were Necessary, But Not Indispensable, Real Parties In Interest
In a published opinion filed October 21, 2021, the First District Court of Appeal affirmed the trial court’s order finding the real party developers of a UC Berkeley campus development…
CEQA Developments
Miller Starr Regalia To Present Online On CEQA Developments At Upcoming Seventh Annual California Land Use Law & Policy Conference
On November 18, 2021, the publishers of the California Land Use Law & Policy Reporter and sponsoring law firms (including Miller Starr Regalia) will present, in an online format, the…
CEQA Developments
Fourth District Addresses Numerous Significant CEQA Issues In Action Challenging City of San Diego’s Utility Undergrounding Projects
In a 53-page published opinion filed October 8, 2021, the Fourth District Court of Appeal mostly affirmed, but reversed in part, a judgment in a CEQA action challenging two sets…
CEQA Developments
Let’s Get Regional: Third District Holds Olympic Valley Resort Project EIR’s Environmental Setting Description and Analysis Violated CEQA’s Requirement To Place Special Emphasis On Unique Regional Environmental Resources By Failing To Sufficiently Consider Lake Tahoe
In an opinion filed on August 24, and certified for partial publication on September 22, 2021, the Third District Court of Appeal reversed a judgment upholding Placer County’s EIR for a…
CEQA Developments
Third District Affirms CEQA And Attorneys’ Fees Judgments In Favor Of Department Of Water Resources In Monterey Agreement And Amendment Litigation
By Arthur F. Coon, Matthew C. Henderson
Against the backdrop of another severe drought, water supply and impact issues continue to be points of contention for water agencies, water users, conservation groups, and the state. And, of…