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CEQA
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CEQA Developments
Historical Correction? Second District Holds City’s Policy Decision To Remove And Relocate “Offensive” Statue That Was Replica of Earlier Historic Landmark Qualified For CEQA’s Common Sense Exemption Because Substantial Evidence Supported City’s Finding That, Despite Its Earlier Erroneous Listing, Replica Was Never Actually A Historically Significant Resource
In an opinion filed May 12, and later certified for publication on June 8, 2023, the Second District Court of Appeal (Div. 6) upheld the City of San Buenaventura’s decision…
CEQA Developments
Second District “Waters Down” Los Angeles Waterkeeper Waste Discharge Permit CEQA Exemption Opinion After Rehearing At Request Of Water Boards, Narrows And Clarifies Holding With No Change In Judgment Or Result
In a March 27, 2023 post found here, we wrote about the Second District Court of Appeal’s (Div. 1) decision concerning the Water Code section 13389 CEQA exemption for Regional…
California Land Use & Development Law Report
Preliminary Injunctions in CEQA Cases Require an Evaluation of Harm to the Public Interest in Informed Decision-Making
By Marie Cooper
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…
CEQA Developments
BAAQMD Adopts Ambitious Revised 2022 CEQA Guidelines
By Matthew C. Henderson, Arthur F. Coon
In late April the Bay Area Air Quality Management District (“BAAQMD”) promulgated its revised 2022 CEQA Guidelines (“2022 Guidelines”), available here. Previously BAAQMD had published guidelines in 2012, which were…
CEQA Developments
First District Holds Increased Enrollment-Related CEQA Challenges To UC Regents’ 2018 SEIR For Berkeley Campus Development And Minor LRDP Amendment Are Mooted By Superseding 2021 LRDP Update EIR And Passage Of SB 118
In an opinion filed April 27, and certified for partial publication on May 19, 2023, the First District Court of Appeal (Div. 1) vacated the trial court’s order granting a…
Land Use Law Blog
Emerging Issues in Evaluating Wildfire Impacts under CEQA: A Resource Guide (Updated November 2023)
By William W. Abbott, Abbott & Kindermann, Inc., Diane G. Kindermann
Emerging Issues in Evaluating Wildfire Impacts under CEQA: A Resource Guide
California Land Use & Development Law Report
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…
Breaking Ground
A Practical Guide to Gov. Newsom's May 2023 Budget-Revised CEQA Trailer Bills
By Publisher
Jennifer L. Hernandez, Marne S. Sussman, Norman Carlin, Brian C. Bunger
CEQA Developments
Sixth District Holds Downtown San Jose Office Project FSEIR’s Brief Discussion And Rejection of “Compensatory” Mitigation for Historic Buildings Razed By Project Was Informationally Adequate Under CEQA Based On City’s Unchallenged Factual Finding That No Similar Historic Buildings Existed Elsewhere In City’s Downtown
In an opinion filed April 18, and belatedly ordered published on May 10, 2023, the Sixth District Court of Appeal upheld the City of San Jose’s (City) certification of a…
Environment, Land & Resources
2022 CEQA Year in Review: Understanding the Judicial Landscape for Development
Public agencies prevailed in 71% of decisions involving the California Environmental Quality Act in 2022. By Marc Campopiano, Lucas Quass, Natalie Rogers, and Kevin Homrighausen Latham lawyers tracked key developments…