Statute
CEQA
1,311 published works
California Land Use & Development Law Report
EIR’s Statement of Project Objectives Was Unduly Narrow
By Caitlin Stern, Geoffrey Robinson
The EIR for a bottling plant in Siskiyou County withstood challenges to the project description and impacts analysis, but the EIR’s stated project objectives were unreasonably narrow and the County…
CEQA Developments
Sixth District Belatedly Orders Published Its Opinion Upholding Constitutionality Of Judicial Council’s Emergency Rule Altering CEQA’s Statutes Of Limitations
On June 1, 2022, the Sixth District Court of Appeal, in response to a request for publication, ordered that its previously unpublished May 9, 2022 opinion in Committee for Sound…
CEQA Developments
The Other CEQA Shoe Drops: Third District Reverses Judgment Upholding Siskiyou County’s EIR For Crystal Geyser Bottling Plant Project, Holds (1) Project Objectives Were Too Narrowly Stated And (2) County Should Have Recirculated EIR’s Climate Discussion To Allow Comment On Substantially Higher GHG Emissions Estimate First Disclosed In FEIR
On May 12, the Third District Court of Appeal belatedly ordered partially published an opinion it had filed on April 20, 2022, reversing the trial court’s judgment upholding the EIR…
CEQA Developments
League of California Cities and CSAC File Request for Depublication of First District Decision Addressing Sufficiency of CEQA-Mandated “No Project” Alternative In Housing Project EIR
On May 25, 2022, the League of California Cities (“League”) and California State Association of Counties (“CSAC”) filed a 10-page letter with the California Supreme Court requesting it to depublish…
Environmental and Climate
Third Appellate District Upholds EIR for El Dorado Irrigation District’s Upper Main Ditch Piping Project
By Breana M. Inoshita, Kathryn L. Oehlschlager
In Save El Dorado Canal v. El Dorado Irrigation Dist. (Cal. Ct. App. Feb. 16, 2022), the Third District Court of Appeal upheld El Dorado Irrigation District’s decision to certify…
Administrative and Regulatory
Full Quantification of Water Rights Not Required for CEQA Review, Second District Declares
By Christian L. Marsh, Natalie C. Kirkish
On March 22, 2022, the Second District Court of Appeal published its Opinion in Buena Vista Water Storage District v. Kern Water Bank Authority (2022) 76 Cal.App.5th 576, upholding the…
CEQA Developments
“This Woeful Record”: First District Affirms Judgment Rejecting CEQA Challenges To Marin County’s Approval of 43-Home Mountaintop Subdivision Opposed For Nearly Five Decades By Neighbors And Town of Tiburon
On May 12, 2022, the First District Court of Appeal filed a 108-page published opinion affirming a judgment denying a CEQA writ petition that challenged Marin County’s approval of a…
CEQA Developments
Sixth District Upholds Constitutionality of Judicial Council’s Covid Emergency Rules Altering CEQA’s Statutes of Limitations In Unpublished Opinion
By Matthew C. Henderson, Arthur F. Coon
As the world continues to dig out from the aftermath of the Covid 19 pandemic, the aftereffects of the earliest phase of lockdowns continue to be felt, including in the…
CEQA Developments
Responsible Agency Committed Fundamental CEQA Procedural Violation By Not Making Public Resources Code Section 21081 Findings for Significant Effects Associated With Its Wastewater Permit For Water Bottling Plant Project
In an opinion filed on April 12, and later ordered published on May 11, 2022, the Third District Court of Appeal reversed a judgment that had denied a CEQA writ…
CEQA Developments
BAAQMD Adopts “Fair Share” Based CEQA Thresholds of Significance For Evaluating Climate Change Impacts of Land Use Projects And Plans
On April 20, 2022, the Bay Area Air Quality Management District (“BAAQMD”) adopted updated CEQA thresholds of significance that it recommends for public agencies’ use in evaluating the impacts of…