Statute
CEQA
1,312 published works
California Land Use & Development Law Report
Agency May Take Over Preparation of the Record in a CEQA Case if the Petitioners Unreasonable Delays Preparing It
Where a petitioner in a CEQA case has elected to prepare the administrative record but unreasonably delays such preparation, the defendant agency may prepare the record itself and be awarded…
California Land Use & Development Law Report
Aesthetic and Traffic Issues in Historic Overlay District Necessitate EIR
By Julie Jones
A court of appeal has overturned a city’s mitigated negative declaration for a small mixed-use development in a historic overlay district, holding that aesthetic and traffic issues require the preparation…
California Land Use & Development Law Report
Determinations Regarding Compatibility of Residential Uses with Timberland Production are Ministerial and Hence Exempt from CEQA Review
The Third District Court of Appeal rejected a CEQA challenge to a county’s general plan update, holding that a county’s California Timberland Productivity Act finding that a residence or structure…
Environmental and Climate
California Supreme Court Requires De Novo Review for EIR Adequacy Challenges and Imposes Heightened EIR Requirements Connecting Environmental Impacts with Specific Health Consequences
By Kathryn L. Oehlschlager, Benjamin C. Lee
In a long-awaited decision, on December 24, 2018 the California Supreme Court in Sierra Club v. County of Fresno (S219783) affirmed, in part, and reversed, in part, the Fifth District…
CEQA Developments
Connecting The CEQA Dots? Supreme Court Holds Friant Ranch Project EIR’s Air Quality Impacts Discussion Insufficiently Relates Pollutant Data To Specific Adverse Human Health Effects
In a unanimous 33-page opinion authored by Justice Ming Chin and issued on December 24, 2018, the California Supreme Court addressed the standard of review for claims challenging the legal sufficiency…
Environment, Land & Resources
California Court of Appeal Clarifies Procedural Requirement for Requesting CEQA Petition Hearing
CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Christopher W. Garrett, Daniel P. Brunton, Kimberly D. Farbota, and Natalie C. Rogers In an unpublished opinion issued May 3,…
Environment, Land & Resources
California Court of Appeal Upholds Ruling on Area Plan Modifications
CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Christopher W. Garrett, Daniel P. Brunton, Lauren Glaser, and Natalie C. Rogers In an unpublished opinion issued June 19, 2018,…
CEQA Developments
When CEQA Gets Ugly: Third District Holds Lay Public Opinion Supports Fair Argument That Project May Have Significant Aesthetic Effect Requiring EIR
In a published opinion filed December 17, 2018, the Third District Court of Appeal affirmed a judgment granting a writ setting aside El Dorado County’s approval of, and related Mitigated…
Environmental and Climate
Sixth District Finds “Substance and Effect” of “Preemptory Writ of Mandate” Decision A Final Judgment for Purposes of CEQA Appeal
In Alliance of Concerned Citizens Organized for Responsible Development v. City of San Juan Bautista, (2018) 29 Cal.App.5th 424, the Sixth District Court of Appeal held that the “substance and…
Environment, Land & Resources
California Court of Appeal Dismisses Time-Barred Challenge to Development Phase
CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Christopher W. Garrett, Daniel P. Brunton, James A. Erselius, and Christopher Adam Martinez In an unpublished opinion issued October 22,…