Statute
CEQA
1,307 published works
Environmental and Climate
CEQA Legislative Fix For State Capitol Renovation Upheld, All Work Performed Exempt
By Dustin D. Peterson, Amy R. Higuera
In Save Our Capitol! v. Dept. of Gen Servs. (2024) 105 Cal.App.5th 828—the third appeal challenging renovations and additions to the State Capitol (Project) under CEQA—the Third District Court of…
CEQA Developments
Down Another CEQA “Rabbit Hole”: Second District Upholds Project Description in Los Angeles County’s EIR For North Area General Plan and Zoning Update Against “Retroactive Instability” Challenge Based On Minor Change In Adopted Zoning Prohibiting New Vineyards; But Applies New Subjective Test De Novo and Outside Established Analytic Framework for Recirculation Challenges
“It’s like déjà vu all over again.”Yogi Berra In a (mostly) published opinion filed October 24, 2024, the Second District Court of Appeal (Div. 2) affirmed the trial court’s judgment…
CEQA Developments
In Writ Action Attacking Vesting Tentative Map Approval, Second District Holds Plaintiffs’ Failure to Comply With Subdivision Map Act Statute of Limitations’90-Day Service-Of-Summons Requirement Does Not Bar Major “Portion” of CEQA Cause of Action Alleging “Procedural Violations Unique to CEQA” And Other Claims That Could Not Be Brought Under Map Act
In a published opinion filed October 21, 2024, the Second District Court of Appeal (Div. 7) reversed a judgment entered after the trial court granted without leave a real party developer’s…
CEQA Developments
Delay Denied: First District Affirms Trial Court’s Denial of Seventh ADA Continuance Request Made In CEQA Case Under California Rules of Court, Rule 1.100, Due To Burden On Trial Court’s Docket Management And Excessive Delay Contrary To Fundamental Nature of Expedited CEQA Proceeding
By Matthew C. Henderson, Arthur F. Coon
Lawyers, like all humans, experience the full gamut of life’s difficulties. Sometimes those intrude into the practice of law itself, up to and including CEQA litigation. On September 26, 2024,…
CEQA Developments
Third Time’s the Charm: Third District Crowns State the Winner By Legislative Decree In Third Published CEQA Decision Arising From Capitol Renovation Project
“Do not go gentle into that good night. Rage, rage against the dying of the light.” – Dylan Thomas In a published decision filed October 7, 2024, the Third District…
Antitrust, Competition and Trade
Alleged CEQA Abuse not Actionable under RICO Says Ninth Circuit
By Sarah Nagle, Samuel D. Bacal-Graves, Tina Thomas
In Relevant Grp., LLC v. Nourmand (9th Cir. Sep. 5, 2024, No. 23-55574) 2024 U.S. App. LEXIS 22559, the Ninth Circuit Court of Appeals narrowed the applicability of Racketeer Influenced and…
Real Estate, Land Use & Environmental Law Blog
Westside Mobility Plan Clears the Road of CEQA Challenges
By Justin Mahramas, Amanda Lee
In Westside Los Angeles Neighbors Network v. City of Los Angeles, the Second District Court of Appeals considered and upheld the City of Los Angeles’s (“City”) actions associated with the approval…
CEQA Developments
First District Denies Rehearing, Modifies Opinion in CEQA Guidelines Class 1 Categorical Exemption Case With No Change in Judgment
On October 7, 2024, the First District Court of Appeal (Div. 5) issued a 6-page “Order Denying Respondent’s Petition for Rehearing and Modifying Opinion [No Change in Judgment]” (the “Order”)…
CEQA Developments
Third District Holds That Lead Agency Prevailing In CEQA Action Can Recover Reasonable Record Preparation Costs Despite Petitioner’s Election to Prepare Record
In a terse opinion filed September 13, and modified and ordered partially published on October 3, 2024, the Third District Court of Appeal upheld an award of reasonable record preparation…
Environmental and Climate
First District Employs New Framework for Analyzing Existing Use Exemption in Finding Conversion of Oil Extraction Well for Groundwater Injection Exempt Under CEQA
By Dustin D. Peterson, Kathryn L. Oehlschlager
In Sunflower Alliance v. California Department of Conservation (2024) 105 Cal.App.5th 771, the First District Court of Appeal held that a project that would turn an existing oil well into…