Statute
CEQA
1,312 published works
California Land Use & Development Law Report
Court Rejects Claim That Clinic Protests Might Cause Significant Environmental Impacts
By Julie Jones, Stephen Kostka
A court of appeal has ruled that opponents of a new Planned Parenthood clinic did not establish a fair argument that anti-clinic protests might cause significant environmental effects. Therefore, the…
California Land Use & Development Law Report
Petitioner’s Failure to Comply With Discovery Regarding its Standing to Sue Results in Dismissal of CEQA Case
By Julie Jones
A CEQA case challenging the City of Wildomar’s approval of a Wal-Mart retail complex has been dismissed because the petitioner refused to comply with discovery requests regarding its standing to…
CEQA Developments
Fourth District Upholds Use of CEQA Writ Action Discovery Directed To Standing Issue, Affirms Trial Court’s Terminating Sanction For Plaintiff’s Failure To Comply
A fundamental prerequisite to a viable lawsuit is a plaintiff possessing standing to bring it, and in writ of mandate proceedings that generally means a person or entity actually possessing…
Environmental and Climate
First District Court of Appeal Considers Certified Regulatory Programs’ Potential Mitigation Measure Disclosure Standards
In Living Rivers Council v. State Water Resources Control Board (2017) 15 Cal.App.5th 991, the First District Court of Appeal upheld the State Water Resources Control Board’s (“Board”) approval of…
CEQA Developments
CEQA Remedies Statute Authorizes Writ Partially Decertifying EIR and Leaving Project Approvals In Place
In a partially published opinion filed December 4, 2017, the Second District Court of Appeal affirmed the trial court’s post-remand judgment and held that CEQA’s remedies statute – Public Resources…
CEQA Developments
Year-End CEQA Legislative And Regulatory Roundup – December 2017
As another year draws near its close, a number of notable recent CEQA developments in both the legislative and regulatory arenas have occurred that bear mention. Below are some highlights…
CEQA Developments
Fifth District Holds Cap-And-Trade Program Compliance Supports Refinery Project EIR’s Conclusion That GHG Emissions Are Less Than Significant, Also Addresses Important CEQA Baseline and Railroad Operation Preemption Issues
In a lengthy, partially published opinion filed November 21, 2017, the Fifth District Court of Appeal addressed four CEQA challenges asserted by plaintiffs and appellants (“AIR”) to the sufficiency of…
CEQA Developments
SANDAG RTP/SCS EIR Redux: Is Fourth District’s Published Opinion on Remand Constructive CEQA Compliance Lesson or Moot Exercise?
When it comes to CEQA cases, some courts don’t seem to know when to stop beating a dead horse. So it may be with the Fourth District Court of Appeal’s…
California Land Use & Development Law Report
Failure to Identify Preferred Alternative Dooms EIR
By Perkins Coie
A draft EIR that studies five very different project alternatives without identifying a preferred alternative violates CEQA by failing to provide the public with a stable project to review, the…
CEQA Developments
Power to the Public: DEIR’s Failure to Identify Proposed Project Among Handful of Vastly Different Analyzed Alternatives Violates CEQA’s Requirement to Contain “Accurate, Stable and Finite” Project Description, Vitiates Intelligent Public Participation, Holds First District
In a published opinion filed November 15, 2017, the First District Court of Appeal (Division 5) affirmed the trial court’s order granting a petition for writ of mandate setting aside…