Statute
CEQA
1,311 published works
California Land Use & Development Law Report
CEQA Review Not Required for Water Allocations That Were Part of Earlier Project
A CEQA challenge to water allocations by the City of Los Angeles and its Department of Water and Power was barred by the statute of limitations because the allocations were…
CEQA Developments
Leading CEQA Counsel File Letter Requesting California Supreme Court To Correct Basic Error In Recent Majority Opinion
An August 12, 2022 letter to the Supreme Court – signed onto by more than a dozen leading CEQA attorneys not representing parties to the action or other clients –…
CEQA Developments
California Supreme Court Holds In 5-2 Decision, Over Chief Justice’s Strong Dissent, That Federal Power Act Does Not Fully Preempt CEQA’s Application to FERC’s Licensing Process for State-Owned and Operated Hydroelectric Projects
In a 5-2 opinion filed August 1, 2022, a divided California Supreme Court held the Federal Power Act (“FPA”; 16 U.S.C. § 791a et seq.) does not “occupy the field”…
CEQA Developments
First District Holds LA’s Water Allocations To Agricultural Lessees Were Authorized Under Existing Leases And Did Not Constitute Or Implement A Separate “Project” Subject to CEQA Review
By Matthew C. Henderson, Arthur F. Coon
The First District Court of Appeal filed on June 30, and later ordered published on July 26, 2022, its opinion in County of Mono v. City of Los Angeles (1st…
CEQA Developments
California Supreme Court Denies Depublication Requests In Livermore CEQA Case Addressing “No Project” Alternative
On July 13, 2022, the California Supreme Court denied numerous depublication requests with respect to, and declined to review on its own motion, the First District Court of Appeal’s decision…
CEQA Developments
CEQA Mixed-Use “Mix and Match” Upheld: Second District Holds Stable Project Description Requirement Does Not Mean Ultimately Approved Version of Revised Mixed Use Project Must Match An Alternative Analyzed In EIR, And New Project Alternative Added to FEIR Does Not Require Recirculation
On March 7, 2022, the Second District Court of Appeal (Div. 4) filed its published opinion in Southwest Regional Council of Carpenters, et al. v. City of Los Angeles, et…
California Land Use & Development Law Report
Responsible Agency Under CEQA Must Make Express Findings as to Each Potentially Significant Impact Identified in Lead Agency’s EIR
By Angela Luh
The Court of Appeal held that the City of Mount Shasta, acting as a responsible agency, violated CEQA by approving a wastewater permit for a water bottling plant without making…
California Land Use & Development Law Report
EIR Recirculation Not Required Although Final Version of Approved Project Was Not Specifically Evaluated in EIR
By Kelly Eshima, Geoffrey Robinson
The Second District Court of Appeal held that: (1) despite revisions to a mixed-use development project, the project description in the EIR was “accurate, stable, and finite;” (2) an opportunity…
California Land Use & Development Law Report
County Did Not Violate Its Duties Under CEQA By Approving a Project at the Density Agreed to in a Stipulated Judgment
By Lucy Miller, Geoffrey Robinson
The court held that the County of Marin did not abdicate its duties under CEQA when it approved a specific project pursuant to a stipulated judgment. Tiburon Open Space Committee…
California Land Use & Development Law Report
CEQA Challenge to Campus Town Project in Monterey County Was Untimely
The Court of Appeal held that a writ petition asserting potential CEQA violations concerning the Campus Town project, a significant development project in Monterey County, was untimely because it was…