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CEQA
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Land Use Law Blog
Legislative Amendments to CEQA Passed in Response to a Court of Appeal Decision Required the California Supreme Court to Reverse the Lower Court’s Decision
By Abbott & Kindermann, Inc., J. Gage Marchini, Diane G. Kindermann
Make UC A Good Neighbor v. Regents of the University of California (2024) 16 Cal.5th 43 In response to a proposed development that would increase student housing, Make UC a…
CEQA Developments
Fourth District Reverses Judgment Granting Writ and Holds City of Upland’s MND For Warehouse Project Satisfies CEQA; Rejects Arguments That City’s Choice and Application of Quantitative GHG Significance Threshold Lacked Substantial Evidence Support
In an opinion filed August 15, and modified and certified for publication on September 13, 2024, the Fourth District Court of Appeal (Div. 2) resolved cross-appeals from a judgment granting…
CEQA Developments
First District Holds CEQA Class 1 Categorical Exemption Applies To Approval of Project Converting Existing Oil Well Into Produced-Water Injection Well Because Changed Use Presents “Negligible” Risk of Environmental Harm
In a published decision filed September 6, 2024, the First District Court of Appeal (Div. 5) reversed the trial court’s judgment granting a writ of mandate and upheld the use…
CEQA Developments
Second District Rejects CEQA Challenges To LA City Planning Commission’s EIR Certification and Categorical Exemption Determination For Multi-Component Project Implementing Westside Mobility Plan, Declines To Reach Significant Issues Forfeited By Appellant
In an opinion filed on July 24, and later ordered published on August 19, 2024, the Second District Court of Appeal (Div. 4) affirmed the trial court’s judgment denying a…
CEQA Developments
Timing Remains Everything: Sixth District Holds CEQA Notice of Determination Filed Before County’s Final Project Approval Decision Does Not Trigger Short Limitations Period
By Matthew C. Henderson, Arthur F. Coon
The Sixth District Court of Appeal filed on July 24, and later certified for publication on August 6, 2024, its opinion in Center for Biological Diversity et al. v. County…
Environmental and Climate
Bird Species of Conservation Concern Not Necessarily “Rare” for the Purposes of CEQA’s Class 32 Infill Exemption
By Dustin D. Peterson, Christian L. Marsh
In Nassiri v. City of Lafayette (2024) 103 Cal.App.5th 910, the First District Court of Appeal (Court) held that a proposed 12-unit condo (Project) in the City of Lafayette (City)…
California Land Use & Development Law Report
EIR for State Water Project Contract Amendments Upheld
The Third District Court of Appeal upheld the Department of Water Resources’ EIR concerning State Water Project contract amendments against multiple CEQA challenges related to impact analysis, project descriptions, and…
CEQA Developments
Budget Trailer Bill SB 174 Exempts State Capitol Renovation Project From CEQA, Extends Existing Statutory Exemption for Wildlife/Habitat Protection Projects
It’s good to be king and have your own wayGet a feeling of peace at the end of the day “It’s Good to be King” – Tom Petty California Senate…
Land Use Law Blog
First District Court of Appeal Holds Completion of Project Does Not Render CEQA Violation Claims Moot So Long as Effectual Mitigation Measures Remain Available
By J. Gage Marchini, Abbott & Kindermann, Inc., Diane G. Kindermann
Vichy Springs Resort, Inc. v. City of Ukiah (2024) 101 Cal.App.5th 46. In Vichy Springs Resort, Inc. v. City of Ukiah (2024) 101 Cal.App.5th 46, the First District Court of…
CEQA Developments
Supreme Court Holds Legislature’s Case-Driven CEQA Amendments Require Judgment Upholding UC Berkeley’s 2021 Long-Range Development Plan EIR and People’s Park Housing Project Against Claims of Failures to Analyze Student “Social Noise” and Alternative Locations
“It ain’t over ‘til it’s over.” Yogi Berra and Lenny Kravitz In a unanimous opinion filed on June 6, 2024, the California Supreme Court reversed the judgment of the First…