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CEQA Developments
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CEQA Developments
Does CEQA Provide For Classes of Exempt Projects? Parties File Opening Merits Brief in Supreme Court in Berkeley Hillside Preservation
Following up on previous posts (see February and May archives), the City of Berkeley Respondents and the Kapors (Real Parties in Interest) filed their joint 80-page opening brief on the…
CEQA Developments
First District Reaffirms CEQA Is Concerned With Physical Impacts On The Environment, Not Economic Ones On Government Services
The First Appellate District recently ordered partially published its opinion in City of Hayward v. Board of Trustees of the California State University (2012) __ Cal.App.4th __, 2012 WL 2832858…
CEQA Developments
Supreme Court Holds CEQA’s Exhaustion Requirement Applies To Categorical Exemption Challenges
In a common-sense resolution of a conflict on the issue in the courts of appeal, the California Supreme Court held in a June 14, 2012 decision that Public Resources Code…
CEQA Developments
How Recent CEQA Cases Show The Need For Legislative CEQA Reform
Some CEQA practitioners think the sheer volume of published CEQA opinions demonstrates the need for reform – res ipsa loquitur, so to speak. Recently a litigation mentor of mine, a…
CEQA Developments
Supreme Court Will Review CEQA Categorical Exemption Exception In Berkeley Hillside Preservation Case
On May 23, 2012, the California Supreme Court by unanimous vote granted respondents’ and real parties’ petition for review of the First District Court of Appeal’s published decision in Berkeley…
CEQA Developments
Breaking Down CEQA’s Administrative Record Statute: Fifth District Explains What’s In and What’s Out
In a highly detailed and analytical opinion, the Fifth District Court of Appeal addressed and answered numerous novel legal questions regarding the proper interpretation and application of Public Resources Code…
CEQA Developments
CEQA Baseline Decisions In Conflict After Second District’s Neighbors for Smart Rail Decision
In a series of decisions that had agency planners and environmental consultants scratching their heads, various courts of appeal last year held that every CEQA document must take account of…
CEQA Developments
CEQA Limitations Period Tolling Agreements Upheld By First District Court of Appeal
Rejecting intervenors’ challenges to a pre-litigation tolling agreement between a CEQA plaintiff (Salmon Protection and Watershed Network, or “SPAWN”) and MarinCounty, in an action challenging the EIR for a countrywide…
CEQA Developments
First District Holds CEQA Does Not Apply To Napa County Ordinance Clarifying Its Ministerial Lot Line Adjustment Practice, And That Sequential Lot Line Adjustments Do Not Violate Subdivision Map Act Exclusion’s “Four or Fewer” Limitation
In a case addressing important issues affecting local agencies and landowners (disclaimer: I represented the County of Napa in the trial court and on appeal), the First District (Division 4) Court…
CEQA Developments
Supreme Court Declines to Review or Depublish “CEQA In Reverse” Decision
On March 21, 2012, the California Supreme Court denied a petition for review of the Second District’s published opinion in Ballona Wetlands Land Trust, et al. v. City of Los…