Statute
CEQA
1,312 published works
Government and Public Policy
Court Rejects Use of a Demurrer to Dispose of a Save Tara-Style CEQA Lawsuit
In Jamulians Against the Casino v. Iwasaki (2012) ___ Cal.App.4th ___, petitioner alleged that a settlement agreement entered between Jamul Indian Village and Caltrans constituted a discretionary approval of a…
Government and Public Policy
Constitutionality of AB 900 CEQA Streamlining Challenged in Court
On April 23, 2012, the Planning and Conservation League (PCL) filed a lawsuit challenging the constitutionality of Assembly Bill No. 900 (2011-2012 Reg. Sess.) (see Conservation League v. State of…
Administrative and Regulatory
Unpublished Decision Upholds State Water Resources Control Board’s Decision to Act as the Lead Agency
In an unpublished decision, Outfitter Properties v. State Water Resources Control Board (2012) 2012 Cal.App.Unpub.LEXIS 1986, the Third Appellate District Court (Court) upheld a trial court’s rejection of petitioner’s consolidated…
Environmental and Climate
Court Upholds Lower Court Ruling Barring Petitioner from Prevailing on CEQA Merits For Failure to Request a Hearing Within Statutory 90-day Period
In an unpublished decision, North County Watch v. County of San Luis Obispo (2012) 2012 Cal.App. Unpub. LEXIS 2312, the Second Appellate District upheld the trial court’s determination that a…
Land Use Law Blog
Court Affirms Use of Substantial Evidence Test in CEQA Challenge to Annual Adjustment in Water Allocation Regulations
Minor revisions in water allocation regulations did not trigger a subsequent EIR.
California Land Use & Development Law Report
Agreements Tolling CEQA Statute of Limitations Upheld
By Marie Cooper
Agreements to toll the statute of limitations for filing suit are generally favored under the law because they enable parties to negotiate and resolve issues without the distraction of litigation. …
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…
California Land Use & Development Law Report
Future Baseline May be Used for CEQA Review of Long-Term Infrastructure Project
By Marc Bruner
In Neighbors for Smart Rail v. Exposition Metro Line Construction Authority, the California Court of Appeal for the Second Appellate District ruled that in appropriate circumstances, projected future conditions may…
Environmental and Climate
Third Appellate District Grants Partial Publication of CEQA Decision Relating to Agricultural Mitigation, Urban Decay, Res Judicata, and the Deliberative Process Privilege
In Citizens for Open Government v. City of Lodi (2012) ___ Cal.App.4th ___ (Opinion), the Court rejected Citizens for Open Government’s and Lodi First’s (Petitioners) challenges to the reapproval by…