Skip to main content

Statute

CEQA

1,311 published works

  1. CEQA Developments

    Third District Adds Brief CEQA Severance Analysis After Rehearing In Save Our Capitol! Case, Limits Its Relief To Allow Capitol Annex Demolition To Go Forward

    By Arthur F. Coon

    In an opinion on rehearing filed January 18, 2023, the Third District Court of Appeal reissued its previous published opinion in the Save Our Capitol! case (my January 2, 2023…

  2. Environmental and Climate

    Design Changes to State Capitol Renovation Revealed in FEIR Did Not Adequately Allow for Public Input or Informed Decision-Making

    By Dustin D. Peterson, Andrew M. Skanchy, Tina Thomas

    In Save Our Capitol! v. Department of General Services (2023) 87 Cal.App.5th 655, the Third District Court of Appeal held that the Department of General Services violated CEQA when certain…

  3. California Land Use & Development Law Report

    CEQA YEAR IN REVIEW — 2022

    By Perkins Coie

    A SUMMARY OF PUBLISHED APPELLATE OPINIONS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Introduction The courts issued 16 published CEQA decisions in 2022, continuing a trend of fewer published opinions than…

  4. CEQA Developments

    Fatal “Exhaustion”: Fifth District Holds CEQA’s Statute of Limitations Ran Out On Plaintiff’s Claim While Plaintiff Thought It Was Still In Process Of Exhausting Administrative Remedies

    By Matthew C. Henderson, Arthur F. Coon, Nadine Nassif

    As all CEQA practitioners know, a prospective petitioner in a writ proceeding challenging a CEQA determination must first exhaust available administrative remedies as a prerequisite to filing suit.  But which…

  5. California Land Use & Development Law Report

    Third District Invalidates EIR for State Capitol Renovation Project

    By Taylor Jones

    Update: On January 18, 2023, the Third District Court of Appeal issued a revised opinion on rehearing, ordering partial decertification of the EIR and allowing certain construction activities to proceed…

  6. California Land Use & Development Law Report

    Athletic Field Lighting Project Not Categorically Exempt from CEQA

    By Geoffrey Robinson, Perkins Coie

    The First District Court of Appeal overturned the City of San Francisco’s decision that Saint Ignatius High School’s project to install four permanent 90-foot-tall athletic field lights was exempt from…

  7. CEQA Developments

    When CEQA Litigation Turns Tortious: First District Affirms Order Denying Anti-SLAPP Motion, Allows Malicious Prosecution Action To Proceed Against Counsel Who Brought Unsuccessful CEQA Challenge To Single-Home Project

    By Arthur F. Coon

    While CEQA is a complicated area of law, often criticized as a “plaintiff’s sandbox,” CEQA litigation is not a “free-for-all” immune from malicious prosecution actions when it is unsuccessfully pursued…

  8. CEQA Developments

    A “Capitol” Offense: Third District Holds State Capitol Building Annex/Visitor Center Project EIR Violated CEQA Due To Inadequate Project Description And Analyses Of Historical Cultural Impacts, Aesthetics, And Project Alternatives

    By Arthur F. Coon

    In a published opinion filed December 6, 2022, the Third District Court of Appeal reversed in part and affirmed in part the trial court’s judgment denying writ petitions in consolidated…

  9. California Land Use & Development Law Report

    Meritless CEQA Suit Warranted Malicious Prosecution Claim Against Attorney

    By Perkins Coie

    The court of appeal held that an attorney’s actions in filing and prosecuting a meritless challenge to construction of a single-family home supported a claim for malicious prosecution. Jenkins v.…

  10. Administrative and Regulatory

    Court Finds Site Visits and Reports Taken Before and After Issuance of NOP Adequate for Establishing Biological Resources Baseline, EIR’s Emergency Evacuation Analysis Upheld

    By Dustin D. Peterson, Tina Thomas, Amy R. Higuera

    Effective January 1, 2023, Thomas Law Group (TLG) will merge with Downey Brand. We are thrilled to welcome the TLG team to CEQA Chronicles and look forward to sharing their…