Statute
CEQA
1,312 published works
Administrative and Regulatory
Categorical Exemption Applies to Single Family Residence Project on Demolished Historical Resource Site
In Bottini v. City of San Diego (2018) 27 Cal.App.5th 281, the Fourth District Court of Appeal held that the City of San Diego (City) violated CEQA where it refused to…
Environment, Land & Resources
California Court of Appeal Overturns Specific Plan EIR for Inadequate Air Quality Impact Mitigation
By Christopher H. Norton, Lucas I. Quass, and Derek Galey CEQA Case Report: Understanding the Judicial Landscape for Development[I] In an unpublished opinion issued July 10, 2018, Sierra Club v.…
CEQA Developments
More Mild Than Wild: Legislature Tinkers With Modestly Reforming Scope Of CEQA Analysis In Two New Laws
On September 7, 2018, Governor Brown signed two bills amending CEQA in relatively minor ways that will become effective January 1, 2019. AB 2341 (Chapter 298) (Mathis) adds Public Resources…
Environment, Land & Resources
California Court of Appeal Rejects City’s MND in Historic District Due to Aesthetic and Traffic Impacts
CEQA Case Report: Understanding the Judicial Landscape for Development[I] By Winston P. Stromberg, Lucas Quass and Christopher Adam Martinez In an opinion published on August 9, 2018, Protect Niles v.…
Environment, Land & Resources
California Court of Appeal Ruling Exempts Parking Requirements From CEQA Review
CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Christopher W. Garrett, Daniel P. Brunton, Natalie C. Rogers, and Roopika Subramanian In a published opinion issued February 28, 2018,…
Environment, Land & Resources
California Appeals Court: Petitioner Must Show Prejudice for Brown Act Violation
CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Christopher W. Garrett, Daniel P. Brunton, Robert C. Hull, and Natalie C. Rogers In an unpublished opinion issued January 31,…
Administrative and Regulatory
Population Projections Proper Baseline for San Francisco General Plan Housing Element Update
In San Franciscans for Livable Neighborhoods v. City and County of San Francisco (2018) 26 Cal.App.5th 596, the First District Court of Appeal held the City of San Francisco (City) general…
CEQA Developments
Context Matters: First District Holds CEQA Requires EIR, Not MND, To Analyze Mixed-Use Project’s Potentially Significant Aesthetic And Traffic Impacts On Fremont’s Niles Historical District
In an opinion filed July 16, and belatedly ordered published on August 9, 2018, the First District Court of Appeal (Division 5) affirmed the trial court’s judgment setting aside the…
Administrative and Regulatory
Argument and Speculation that a Project will Violate Local Code Requirements is Insufficient to Support a Fair Argument that a Project may have a Potentially Significant Impact on the Environment
In Friends of Riverside’s Hills v. City of Riverside (2018) 26 Cal.App.5th 1137, the Fourth District Court of Appeal denied a neighborhood group’s petition to set aside approval of a…
CEQA Developments
Second District Affirms Order Awarding CEQA Record Preparation Costs to Agency That Took Over Process After Unreasonable Delays, Notwithstanding Petitioner’s Election to Prepare Record
In an opinion filed June 28, and later ordered modified and published on July 27, 2018, the Second District Court of Appeal (Div. 6) affirmed the trial court’s $21,160.46 cost…