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CEQA Developments
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CEQA Developments
CEQA-Based Facial Challenges To Map Act Ordinances: Relevant Recent Statute of Limitations Developments
In an earlier post (“Ten CEQA Litigation Mistakes To Avoid,” September 13, 2011), one bullet point discussed the potential pitfall of concurrently-applicable non-CEQA limitations periods barring CEQA claims. Numerous cases…
CEQA Developments
CEQA Categorical Exemptions Defeated by Mere “Fair Argument” of Impact, First District Holds
In a CEQA challenge to the City of Berkeley’s approvals to demolish an existing single-family home and replace it with a larger one and an attached 10-car garage, Division 4…
CEQA Developments
First District Holds CEQA Baseline For Chevron Marine Terminal Lease Renewal Includes Existing Conditions and Structures, Finds No CEQA or Public Trust Violation In Lands Commission’s Alternatives Analysis
The CEQA “baseline” rules have received a lot of judicial attention in the last several years, and rightly so. The baseline or “environmental setting,” is the fundamental “benchmark” from which…
CEQA Developments
Rejecting CEQA Alternatives For Economic Infeasibility: Sixth District Lays Down the Law In Flanders Foundation v. City of Carmel
When a CEQA project proposes the modification or demolition of a historically-significant property, or the sale of such a property by a government agency owner, the potentially significant impacts to…
CEQA Developments
CEQA Administrative Records: Fifth District Opinion Elucidates Rules Governing Contents and Disputes
The proper content of CEQA administrative records is frequently a subject of intense dispute in CEQA litigation, resulting in partial certifications by agencies, and motions to strike and augment by…
CEQA Developments
From Baird to Ballona Wetlands: CEQA’s Logical Limits
It’s a common error in logic to suppose that because two things are in spatial or temporal proximity, one must be the cause of the other – a confusion of…
CEQA Developments
CEQA Baselines: New Sunnyvale Case Sanctions EIR’s Use of Multiple Traffic Baselines
Last February, I co-authored a California Land Use Law & Policy Reporter lead article analyzing three significant 2010 decisions addressing the rules for setting the CEQA “baseline,” i.e., the starting…
CEQA Developments
Governor’s Veto Said CEQA Is Enough, No Need For Law Requiring “Economic Impact Report” For Superstores
Like the Sherlock Holmes story featuring the “dog that didn’t bark,” sometimes proposed legislation that doesn’t pass can nonetheless provide fundamental insights. A case in point: Senate Bill 469 (Vargas),…
CEQA Developments
“Deferral” Under CEQA: It’s Complicated!
CEQA calls for environmental review of discretionary projects at the earliest meaningful stage, to serve its purposes of public participation and informed decision-making. The basic idea is simple: analyze and…
CEQA Developments
Successful CEQA Petitioners May Recover Attorneys’ Fees For Administrative Proceedings And Are Not Disqualified By Nonpecuniary Stake
Potential recovery – or payment – of plaintiffs’ attorneys fees is always a factor to be considered in prosecuting and defending CEQA suits. The stakes in this calculus just got…