Statute
CEQA
1,311 published works
Administrative and Regulatory
Department of Water Resources Deemed Immune from Sacramento County Well Ordinance Requiring Permits for Geotechnical Drilling
In the Department of Water Resources Cases (2021) 69 Cal.App.5th 265, the Third District Court of Appeal, in a partially published opinion, found that the Legislature did not expressly waive…
CEQA Chronicles
Department of Water Resources Deemed Immune from Sacramento County Well Ordinance Requiring Permits for Geotechnical Drilling
In the Department of Water Resources Cases (2021) 69 Cal.App.5th 265, the Third District Court of Appeal, in a partially published opinion, found that the Legislature did not expressly waive…
CEQA Developments
Sixth District Holds Coastal Commission’s Post-Approval Analysis of Coastal Development Permit’s Environmental Impacts Violates CEQA
In an opinion filed November 15, and later ordered published on December 14, 2021, the Sixth District Court of Appeal reaffirmed the basic CEQA principle that required environmental review and…
Administrative and Regulatory
Fourth District Court of Appeal finds Class 32 Exemption’s Massing Criterion Based on Project Size, not Site Size; Rejects Applicability of the Unusual Circumstances Exception
In Protect Tustin Ranch v. City of Tustin (2021) 70 Cal.App.5th 951, the Fourth District Court of Appeal affirmed the trial court’s determination that the Class 32 infill categorical exemption…
CEQA Chronicles
In Consolidated Appeals, Third District Upholds Multiple Trial Court Decisions in Decades-Long Litigation Over CEQA Review of State Water Project Contracts
In Central Delta Water Agency v. Department of Water Resources (2021) 69 Cal.App.5th 170, the Third District Court of Appeal considered three consolidated appeals arising out of long-term water contracts that…
Environmental and Climate
Third Appellate District Recognizes Unique Regional Resources at Lake Tahoe in Finding Olympic Valley Resort EIR Flawed
By Christian L. Marsh, Breana M. Inoshita
In September 2021, the Third District Court of Appeal in Sierra Watch v. Placer County(Cal. Jan. 19, 2022) reversed a judgement upholding Placer County’s Environmental Impact Report (EIR) for a…
California Land Use & Development Law Report
Court Upholds Infill Development Categorical Exemption for Gas Station in Existing Shopping Center
By Perkins Coie
In Protect Tustin Ranch v. City of Tustin, 70 Cal. App. 5th 951 (2021), the court of appeal upheld a city’s reliance on the infill development categorical exemption under CEQA…
California Land Use & Development Law Report
Certification of Howard Terminal Project for Streamlined CEQA Review Under AB 734 Was Not Subject to AB 900 Deadlines
By Angela Luh
A California Court of Appeal held that special legislation providing fast-track judicial review to the Howard Terminal Project did not impose a deadline for the Governor to certify the project…
CEQA Chronicles
GHG Mitigation Once More Found Lacking in San Diego County EIR; Fourth District Also Identifies General Plan Inconsistency but Upholds Wildfire and Air Quality Analyses in Unpublished Opinion
In the unpublished Elfin Forest Harmony Grove Town Council v. County of San Diego (Oct. 14, 2021, Nos. D077611, D078101) [2021 Cal. App. Unpub. LEXIS 6474], the Fourth District Court…
Administrative and Regulatory
GHG Mitigation Once More Found Lacking in San Diego County EIR; Fourth District Also Identifies General Plan Inconsistency but Upholds Wildfire and Air Quality Analyses in Unpublished Opinion
In the unpublished Elfin Forest Harmony Grove Town Council v. County of San Diego (Oct. 14, 2021, Nos. D077611, D078101) [2021 Cal. App. Unpub. LEXIS 6474], the Fourth District Court…