Statute
CEQA
1,312 published works
Environmental and Climate
West Covina Mitigated Negative Declaration Upheld, and Parking Impacts For Infill Projects Deemed Exempt by the Second Appellate District
On March 22, 2018, the Second Appellate District certified for publication its opinion in Covina Residents for Responsible Development v. City of Covina, et al. (2018) 230 Cal.Rptr.3d 550, concerning…
CEQA Developments
First District Rejects Numerous CEQA Challenges To RFEIR For Propane Recovery Project At Phillips 66 Company’s Rodeo Oil Refinery, Affirms Judgment Issuing Limited Writ
In an opinion filed March 20, and later certified for publication on April 12, 2018, the First District Court of Appeal (Division 3) affirmed a limited peremptory writ of mandate…
Environment, Land & Resources
California Court of Appeal: Challenges to Water Supply Assessments Appropriate After EIR Certification
By Chris Garrett, Diego Flores, Lucas Quass and Samantha Seikkula CEQA Case Report: Understanding the Judicial Landscape for Development[i] In an unpublished opinion issued March 26, 2018, Golden Door Properties,…
California Land Use & Development Law Report
City’s Bifurcated Procedure For Appealing Approval of Entitlements Separately From CEQA Determinations Upheld
By Sunny Tsou
The Fourth District Court of Appeal upheld a mitigated negative declaration where the project opponent correctly appealed the approval of entitlements but failed to properly appeal the CEQA determination under…
California Land Use & Development Law Report
Air Resources Board’s Regulatory Relief For Small Truck Fleets Violated CEQA
By Julie Jones
A court of appeal has held that the California Air Resources Board violated CEQA when it issued a “regulatory advisory” notifying small trucking operations that they need not meet ARB’s…
California Land Use & Development Law Report
Court Upholds Use of Small Facilities Exemption for Microcell DAS Project
In Aptos Residents Association v. County of Santa Cruz, the court of appeal upheld Santa Cruz County’s use of a CEQA exemption to approve a distributed antenna system (often referred…
California Land Use & Development Law Report
Attorneys’ Fees Can Be Awarded to CEQA Litigants Hoping to Preserve Their Home Values
Successful petitioners under CEQA who are motivated to file suit, in part, by their private financial interests are not necessarily ineligible for an award of attorneys’ fees under the public…
California Land Use & Development Law Report
Size Limit on Retail Tenants Not Likely to Cause Urban Decay
By Perkins Coie
A general plan policy that limited the size of retail tenants in certain areas of a city was not likely to cause urban decay and was not inconsistent with other…
California Land Use & Development Law Report
EIR For Railyard Did Not Adequately Analyze Air Quality Impacts
By Julie Jones
Rejecting most challenges to the environmental impact report for a new railyard near the Port of Los Angeles, a court of appeal nevertheless held that the EIR must be decertified…
CEQA Developments
Fourth District Upholds San Diego’s CEQA Class 3 Categorical Exemption Determination For Verizon’s Faux Tree Wireless Telecommunications Facility In Dedicated Public Park, Rejects City Charter Inconsistency Arguments
In a published opinion filed March 15, 2018, the Fourth District Court of Appeal (Division One) affirmed the trial court’s judgment denying a writ petition and complaint challenging the City…