Statute
CEQA
1,311 published works
Administrative and Regulatory
Sixth District Court of Appeal Upholds Adoption of Environmentally Superior Alternative Project Including Reduced Percentage of Affordable Housing
In Carmel Valley Ass’n v. County of Monterey (2021) 2021 Cal.App.Unpub. LEXIS 3286, the Sixth District Court of Appeal reversed a decision granting a petition of mandate against the County…
CEQA Chronicles
Sixth District Court of Appeal Upholds Adoption of Environmentally Superior Alternative Project Including Reduced Percentage of Affordable Housing
In Carmel Valley Ass’n v. County of Monterey (2021) 2021 Cal.App.Unpub. LEXIS 3286, the Sixth District Court of Appeal reversed a decision granting a petition of mandate against the County…
CEQA Developments
Sixth District Affirms Judgment Dismissing CEQA Action For Failure To Timely Join Indispensable Real Party Within Limitations Period Triggered By Filing of Second, Valid NOD; Court Rejects Plaintiff’s Arguments Based On Relation Back, Estoppel, and City’s Violation of Statute Requiring It To Mail Operative NOD
In a published opinion filed February 9, 2021, the Sixth District Court of Appeal affirmed the trial court’s judgment dismissing a CEQA action challenging the EIR and project approvals for…
Environment, Land & Resources
California Renews and Amends CEQA Litigation Streamlining for Certain Projects
SB 7 expands project eligibility, provides additional guidance regarding GHG emissions, and changes some procedural requirements. By Nikki Buffa and Brian McCall On May 20, 2021, California Governor Gavin Newsom…
CEQA Developments
CEQA Urgency Legislation Reenacts Modified Version of Environmental Leadership Act, Adds Certain Housing Development Projects As Eligible For Governor Certification And Streamlining Benefits
On May 20, 2021, Governor Newsom signed into law Senate Bill No. 7, the “Jobs and Economic Improvement Through Environmental Leadership Act of 20216” (the “Act”), which repealed and added…
Environmental and Climate
CEQA Plaintiffs Beware: Meritless Lawsuits May Be Subject To Counter-Claims for Malicious Prosecution
By Christian L. Marsh, Madeline R. Weissman
In Jan Dunning et al. v. Kevin K. Johnson, APLC et al., the Fourth District Court of Appeal held that a developer and property owner could pursue its claims against…
CEQA Developments
Third District Affirms Judgment Upholding State Lands Commission’s Supplemental EIR For Desalination Plant Lease Modification, Rejects CEQA Claims That Commission Piecemealed Review And Should Have Assumed Lead Agency Status And Prepared A Subsequent EIR
In a lengthy opinion filed April 8, and ordered published on May 7, 2021, the Third District Court of Appeal affirmed a judgment rejecting a number of CEQA challenges to…
Administrative and Regulatory
Properly Posting Notice of Determination Triggers Short CEQA Statute of Limitations Despite Not Providing the Notice to Petitioner as Requested
Published on February 9, 2021, the Court of Appeal in Organizacion Comunidad de Alviso v. City of San Jose held that the City of San Jose’s (“City’s”) posting of a…
Environmental and Climate
First District Finds Petitioner Failed to Exhaust Administrative Remedies in CEQA Challenge to Removal of Controversial Sculpture
By Christopher I. Rendall-Jackson
In an opinion filed on February 1, 2021, the First Appellate District in Schmid v. City and County of San Francisco found that petitioners challenging the City of San Francisco’s…
CEQA Developments
Supreme Court Denies Review of And Depublishes Second District Refinery Project Case Addressing CEQA Baseline Issues
Falling more into the category of “spring cleaning” than “breaking news,” readers should note that a Second District decision, published last spring and covered in this blog, was ordered depublished…