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CEQA
1,311 published works
Environmental and Climate
Ninth Circuit Holds That a Project’s NEPA Analysis Need Not Explain Why Its Impact Significance Conclusions Differ from CEQA Analysis of the Same Project; Dissent Perceives Environmental Racism at Work
In Ctr. for Cmty. Action & Envtl. Justice v. FAA (9th Cir. Nov. 18, 2021, Nos. 20-70272, 20-70464) ___F.3d___ [2021 U.S. App. LEXIS 34541], the 9th Circuit held that the National…
Administrative and Regulatory
Fourth District Finds City of San Diego Properly Summarized Revisions Made to Previous EIR in Recirculated EIR – City’s Decision to Build Road, Amend Planning Documents Were Quasi-Legislative Acts That Did Not Violate Any Procedural Rights to Due Process
In Save Civita Because Sudberry Won't v. City of San Diego (Dec. 16, 2021, D077591) ___Cal.App.5th___ [2021 Cal.App. LEXIS 1055], the Fourth District Court of Appeal addressed CEQA and Constitutional claims…
CEQA Developments
Fourth District Rejects CEQA Challenges To San Diego’s FEIR And General/Specific Plan Amendments For Connector Road Construction Project; Holds Procedural Due Process Protections Did Not Apply Because Underlying Approvals Were Quasi-Legislative, Not Quasi-Adjudicatory
In a lengthy, but mostly unpublished, opinion filed December 16, 2021, the Fourth District Court of Appeal affirmed the trial court’s judgment rejecting a petitioner group’s CEQA, Planning and Zoning…
California Land Use & Development Law Report
Failure to Timely Name and Serve Real Parties In Interest Does Not Warrant Dismissal Of An Entire CEQA Action if The Unnamed Parties Are Not Indispensable
In the first reported interpretation of a 2012 amendment to CEQA’s statute of limitations provisions, the First District Court of Appeal addressed “whether an action against a lead agency must…
California Land Use & Development Law Report
All Projects—Including Non-Occupancy Structures—Require Climate Action Plan Consistency Analysis to Benefit from Streamlined GHG Review under CEQA
By Taylor Jones
The City of San Diego’s approval of underground utility lines was incomplete because its Climate Action Plan checklist improperly allowed certain non-occupancy projects to avoid greenhouse gas emission (GHG) consistency…
Land Use Law Blog
When Recirculating a DEIR: How Much of a Summary of the Changes is Necessary? As With Most CEQA Decisions: It Depends
In Save Civita Because Sudberry Won’t v. City of San Diego (December 16, 2021) 2021 Cal.App. LEXIS 1055, the City of San Diego prepared an EIR for a project including…
Administrative and Regulatory
Union was Properly Denied Permissive Intervention in Litigation over Environmental Review of Port of Los Angeles Terminal
In South Coast Air Quality Management Dist. v. City of Los Angeles (2021) 71 Cal.App.5th 314, the Second District Court of Appeal upheld a trial court decision denying the International Longshore…
CEQA Chronicles
Union was Properly Denied Permissive Intervention in Litigation over Environmental Review of Port of Los Angeles Terminal
In South Coast Air Quality Management Dist. v. City of Los Angeles (2021) 71 Cal.App.5th 314, the Second District Court of Appeal upheld a trial court decision denying the International Longshore…
California Land Use & Development Law Report
A Revised and Recirculated Draft EIR That Entirely Replaces the Prior Draft EIR Is Not Required to Summarize Each Change Made to the Prior Draft
By Perkins Coie
The court rejected a claim that the city violated CEQA Guidelines section 15088.5(g) by failing to summarize each of the revisions to a draft EIR made by a revised and…
Environmental and Climate
Project Applicants and Lead Agencies Cannot Have it Both Ways: CEQA Requires Preparation of an MND or EIR, But Not Both
In an opinion certified for partial publication, the Third Appellate District on November 3, 2021, decided Farmland Protection Alliance v. County of Yolo, finding that the California Environmental Quality Act…