Statute
CEQA
1,312 published works
Environment, Land & Resources
California Appeals Court Upholds Dismissal of Duplicative CEQA Claim
By Christopher W. Garrett, Daniel P. Brunton, Jennifer K. Roy and Derek Galey CEQA Case Report: Understanding the Judicial Landscape for Development[i] In an unpublished opinion issued September 14, 2018,…
California Land Use & Development Law Report
Possibility that Zoning Standards Might Be Violated in Final Design Did Not Mandate EIR at Tentative Map Stage
A project opponent’s argument that the project might violate zoning laws in the future is not sufficient to require a city to prepare an EIR under CEQA. Friends of Riverside’s…
California Land Use & Development Law Report
CEQA Project Baseline Should Not Have Been Set Prior to Demolition of Historic Structure
The Fourth District Court of Appeal held that the project baseline under CEQA for construction of a new home should not have been set prior to demolition of a potential…
CEQA Developments
2018 CEQA Fall Update: Recent Legislative, Judicial, And Other Developments
A few recent developments and upcoming events in the CEQA world bear quick mention: The BART Housing Bill: Under AB 2923, BART now has limited land use regulation authority on…
Environmental and Climate
California Supreme Court Hears CEQA Appeal Questioning the Appropriate Legal Standard of Review for EIR Challenges and the Need for More Specific Health Impact Analyses
On October 2, after waiting over three-and-a-half years, the California Supreme Court finally heard oral arguments in Sierra Club et al. v. County of Fresno et al. (Case No. S219783). …
California Land Use & Development Law Report
Seven-Year Extension of Diablo Canyon Lease Held Exempt from CEQA
By Julie Jones
A court of appeal has rejected CEQA and public trust challenges to a State Lands Commission lease extension allowing the Diablo Canyon nuclear power plant to continue operating through 2025. …
Land Use Law Blog
2018 CEQA 3rd QUARTER REVIEW
By William W. Abbott, Diane G. Kindermann, Glen C. Hansen
Welcome to Abbott & Kindermann’s 2018 3rd Quarter 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
Fourth District Holds City Violated CEQA By Refusing To Recognize Exemption For Single Family Residence Project And Attempting To Subject Owner’s Already Authorized And Completed Demolition Action To Retroactive Environmental Review (Yet Absolves City From Liability For Regulatory Taking)
In a published opinion filed September 18, 2018, the Fourth District Court of Appeal (Div. 1) affirmed a judgment granting a writ setting aside the City of San Diego’s (City)…
California Land Use & Development Law Report
Negative Declaration Survives Challenge Based on Non-Expert Opinion About Noise Impacts
By Perkins Coie
Claims of significant noise impact unsupported by expert opinion, fact, or reasonable inference did not provide grounds for challenging a negative declaration, the court of appeal held in Jensen v.…
CEQA Developments
Arguing Impacts By Proxy: Fourth District Holds CEQA Does Not Require EIR Absent Evidence That Subdivision Approval Actually Violated Applicable Land Use Regulations Adopted to Mitigate Environmental Impacts
In an opinion filed August 10, and later ordered published on September 7, 2018, the Fourth District Court of Appeal (Div. 2) affirmed a judgment denying Friends of Riverside’s Hills’…