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CEQA
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CEQA Developments
Fifth District Holds Issue Exhaustion Not Required Where Agency Gave No Notice of Intent To Rely On CEQA Exemption Prior to Hearing, And Existing Facilities Categorical Exemption Does Not Apply to Unlined Landfills As A Matter of Law
By Arielle Harris, Arthur F. Coon
In a published decision filed August 17, 2021, the Fifth District Court of Appeal affirmed the trial court’s judgment directing issuance of a writ of mandate ordering Inyo County to…
CEQA Developments
Second District Confirms Parking Is (Still) Not A CEQA Impact, Reverses Judgment That Found EIR For San Gabriel Mountains Wilderness Recreation And Preservation Project Deficient For Not Sufficiently Analyzing “Impact” Of Reducing Recreational Parking
In a published opinion filed August 19, 2021, the Second District Court of Appeal reversed a judgment of the Los Angeles County Superior Court that found fault with the EIR…
Environmental and Climate
In Unpublished Opinion, the Third District Upholds Denial of Attorney Fees in a Matter also Prosecuted by the Attorney General
In the unpublished opinion N. Coast Rivers Alliance v. Westlands Water Dist. (June 28, 2021, No. C092233) [2021 Cal. App. Unpub. LEXIS 4220], the Third District Court of Appeal held…
Environmental and Climate
First District Court of Appeal Finds CEQA Claim Time-Barred Due to Insufficient Tolling Agreement
By Kathryn L. Oehlschlager, Megan V. Unger
On June 30, 2021, in Save Lafayette Trees, et. al v. East Bay Regional Park District (Pacific Gas and Electric Company, Real Party in Interest), the First District Court of…
CEQA Developments
AB 819 Revises Statutory Procedures For Submitting Lead Agency CEQA Documents And Notices To OPR’s State Clearinghouse, Expands Requirements/ Options For Electronic Posting Of Notices By Lead Agencies And County Clerks
Assembly Bill No. 819 (AB 819), was signed by the Governor and filed with the Secretary of State on July 16, 2021, and as non-urgency legislation will become effective on January 1, 2022. …
Land Use Law Blog
2021 CEQA 2nd QUARTER REVIEW
By Abbott & Kindermann, Inc., William W. Abbott, Diane G. Kindermann, Glen C. Hansen
Welcome to Abbott & Kindermann’s 2021 2nd Quarter cumulative CEQA update. This summary provides links to more in-depth case write-ups on the firm’s blog. The case names of the newest…
CEQA Developments
First District Addresses CEQA Statute of Limitations And Tolling Agreement Rules In Affirming Judgment Upholding EBRPD’s Approval of Tree Removal MOU With PG&E
In a published opinion filed June 30, 2021, the First District Court of Appeal applied well-established CEQA statute of limitations rules, and a “persuasive dictum” from one of its prior…
CEQA Developments
Flunking CEQA’s “Fair Argument” Test: Third District Affirms Judgment Upholding MND for El Dorado County Bridge Replacement Project, Rejects Arguments Based on Alleged Significant Impacts on Fire Evacuation Routes During Construction As Insufficient To Require EIR
In a partially published unanimous opinion filed June 16, 2021, authored by a jurist who is also a noted CEQA expert (Acting Presiding Justice Ronald Robie), the Third District Court…
Environmental and Climate
Governor Newsom’s New Executive Order Establishes End Dates For Pandemic-Related Suspensions for CEQA Filing, Posting, Notice, and Tribal Consultation Requirements and Brown Act Meeting Requirements
By Hina Gupta, Christian L. Marsh
On June 11, 2021, Governor Newsom signed Executive Order N-08-21 (the “Order”) that establishes September 30, 2021, as the end date for COVID-19 pandemic-related suspensions for (1) deadlines for filing, noticing, and…
CEQA Developments
COVID-Related Conditional Suspension of CEQA Public Filing, Posting, Notice, and Other Requirements To Sunset On September 30, 2021 Under New Executive Order
Pursuant to Governor Newsom’s June 11, 2021 Executive Order N-08-21, the conditional suspension of certain public agency requirements related to the filing and posting of CEQA notices (i.e., NOEs, NODs, and…