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CEQA
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CEQA Developments
Sierra Club/CBD Seek Depublication of CEQA Decision Addressing Discretionary/Ministerial Project Approval Distinction
On June 16, 2017 – without seeking either rehearing in the First District Court of Appeal or review by the Supreme Court – losing appellants Sierra Club and Center for…
California Land Use & Development Law Report
Court of Appeal Rejects CEQA Piecemealing Challenge to County’s “Zoning Modernization” Ordinances
By Chris Parker
The court in Aptos Council v. County of Santa Cruz (6thDistrict, No. H042976, April 25, 2017) rejected a lawsuit claiming that three pro-development zoning ordinances the county adopted constituted a…
California Land Use & Development Law Report
A Project Is Not Discretionary If the Agency Lacks Authority to Require Mitigation
By Sunny Tsou
In Sierra Club v. County of Sonoma, (A147340, May 22, 2017) the First District Court of Appeal affirmed that a decision to issue a permit will trigger the duty to…
CEQA Developments
Fifth District Grants Rehearing, Vacates Prior Published Opinion, and Issues Slightly Modified Published Opinion in POET II CEQA Litigation
On May 2, 2017, the Fifth District Court of Appeal vacated its earlier order and writ, and on May 5 it granted Respondents’ request for rehearing in the CEQA litigation…
Environment, Land & Resources
Court Reissues LCFS Opinion Per ARB Petition For Reconsideration
By Latham & Watkins, Latham & Watkins
By Joshua T. Bledsoe and Max Friedman As discussed in a previous post, the California Court of Appeal for the Fifth Appellate District (Court of Appeal) ruled on April 10,…
CEQA Developments
Fifth District Holds CEQA Action Challenging Individual DOGGR Oil Well Permits Not Barred By Res Judicata Based On Prior Judgment Rendered On Mootness/Ripeness Grounds
In a 38-page opinion filed May 4, and belatedly ordered published on May 25, 2017, the Fifth District Court of Appeal reversed a judgment dismissing a writ petition filed by…
California Land Use & Development Law Report
Fair Argument Test Applies To Agency Determination Whether Subsequent CEQA Review Is Required Once A Negative Declaration Has Been Adopted
This court of appeal decision was issued upon remand for further proceedings after a California Supreme Court decision in which the court considered the standard of review that applies when…
CEQA Developments
First District Holds CEQA Action Can Be Brought Directly Against Local Air District to Challenge “Authority to Construct” Issued for Mendocino County Asphalt Production Operation
In an opinion filed March 23, and belatedly modified and ordered published on May 25, 2017, the First District Court of Appeal reversed the trial court’s dismissal of a plaintiff…
Environmental and Climate
The California Supreme Court Has a Banner Week, Hearing Argument in Three CEQA and Land Use Cases
On May 3–4, 2017, the California Supreme Court heard oral arguments in three cases with significant implications for California land use law. Below we summarize the main issue(s) argued in…
CEQA Developments
Fourth District Holds Substantial Evidence Supports City of San Diego’s Rejection of MND and Denial of Minor Residential Subdivision In Low Density La Playa Neighborhood
In a short opinion filed May 17, 2017, and belatedly ordered published (for unknown reasons) just six days later, the Fourth District Court of Appeal reversed the trial court’s judgment…