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CEQA
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Environmental and Climate
Two CEQA Statute of Limitations Cases, Two Different Results
By Kathryn L. Oehlschlager, Natalie C. Kirkish
California Courts of Appeal recently issued two cases addressing the strict statute of limitations applicable to agency action under CEQA. Citizens for a Responsible Caltrans Decision v. Department of Transportation…
CEQA Developments
Back To CEQA Basics: Second District Teaches That CEQA Requires Judicial Deference To Lead Agency’s Chosen Baseline, Failure To Administratively Exhaust “Exact Issue” Results In Forfeiture, And An EIR Is Not Faulty For Omitting Immaterial Information
In a published 2-1 majority opinion filed April 7, 2020, written by Justice Wiley and joined by Presiding Justice Bigelow, the Second District Court of Appeal (Div. 8) affirmed a…
CEQA Developments
California Supreme Court Grants Review of Third District Decision Involving FERC Relicensing of State’s Oroville Hydroelectric Dam Project To Decide Extent To Which Federal Power Act Preempts CEQA; Merits Briefing Underway
On December 11, 2019, the California Supreme Court by a 7-0 vote granted the petition for review of Butte and Plumas Counties and the Plumas County Flood Control and Water…
California Land Use & Development Law Report
Mitigated Negative Declaration Inadequate for Mixed-Use Project
The Second District Court of Appeal held that a project’s potentially significant environmental impacts required preparation of an EIR rather than the mitigated negative declaration adopted by the City. Save…
CEQA Developments
Second District Reaffirms Rule That Filing of Facially Valid NOD Triggers Short CEQA Statute of Limitations And Plaintiff May Not “Go Behind” Agency’s Declarations In Document To Challenge Validity of Project Approval
On April 2, 2020, the Second Appellate District Court of Appeal (Division 5) filed its published opinion in Coalition for an Equitable Westlake/MacArthur Park v. City of Los Angeles et…
Environmental and Climate
Second District Court of Appeal Upholds Challenge to an MND for a Mixed-Use Project on Environmentally Sensitive Hillside and Award of Attorney Fees
In Save the Agoura Cornell Knoll v. City of Agoura Hills (February 24, 2020) 2020 Cal. App. LEXIS 222, in a detailed decision, the Second District Court of Appeal affirmed…
CEQA Developments
Once More Into the “Brambled Thicket”: Fourth District Reverses Ruling Sustaining Demurrer to Action Challenging Caltrans’ Claim of Statutory CEQA Exemption For Freeway Interchange Project, Holds Streets and Highways Code § 103’s Coastal Commission Exemption Does Not Apply And That Petition Adequately Pleaded Estoppel Against Caltrans to Assert 35-Day Statute of Limitations Based on NOE Filing
In a published opinion filed March 24, 2020, the Fourth District Court of Appeal (Division One) reversed a judgment of dismissal with prejudice, entered by the San Diego County Superior…
Land Use Law Blog
Court Of Appeal Affirms Judgment Setting Aside A Negative Declaration Based Upon The Fair Argument Test And Imposing Personal Liability On Developer For An Award Of Fees And Costs Pursuant To The California Private Attorney General Statute
Save the Agoura Cornell Knoll v. City of Agoura Hills (2020) 2020 Cal.App. LEXIS 222 Kate Wolf, singer/songwriter, phrased it well in her song Here in California: “It’s an old…
CEQA Developments
Second District Affirms Judgment Invalidating City of Agoura Hills’ Mixed-Use Project Approvals and Related MND Based On CEQA and Local Oak Tree Ordinance Violations
In a 74-page opinion filed February 24, and later ordered published on March 17, 2020, the Second District Court of Appeal (Division 7) affirmed judgments (granting the writ petition and…
CEQA Developments
Spring CEQA Roundup – 2020
Time for some “spring cleaning” updates on several notable CEQA-related matters. Rehearing Denied and Opinion Modified In Kern County Ministerial Oil And Gas Well Permitting Ordinance EIR Case On March…