Statute
CEQA
1,312 published works
California Land Use & Development Law Report
A State Agency’s Duty To Mitigate Significant Environmental Impacts Does Not Depend On A Legislative Appropriation Of Funds For Mitigation
By Stephen Kostka, Geoffrey Robinson, Julie Jones
The California State University system may not condition its funding of mitigation for off-site impacts of a campus expansion project on receipt of a legislative appropriation earmarked for that purpose,…
CEQA Developments
The “Old College Try” Flunks Out: California Supreme Court Holds CEQA Mitigation Obligation For CSU Campus Expansion Projects Extends Beyond Unsuccessful Effort To Obtain Earmarked Legislative Appropriation
In an August 3, 2015 decision that impacts the California State University’s (CSU) plans to expand its campuses across the state, the California Supreme Court has rejected CSU’s arguments that…
California Land Use & Development Law Report
EIR Comments Should Improve The Environmental Review Process, Not Derail It
CEQA guidelines require only that a lead agency give detailed responses to comments that identify an important new matter not discussed in the draft environmental impact report or raise questions…
Administrative and Regulatory
Court Remands Challenge to Categorical Exemption for School Closure to Allow Further Findings or Evidence to be Considered by the School District
The California Fourth District Court of Appeal reversed and remanded a case involving the closure of two public schools in the Barstow Unified School District (BUSD). In Save Our Schools…
CEQA Developments
Fourth District Expounds On CEQA’s Responses To Comments Rules – And Abuses of the Process – As Well As Other Issues In Upholding Supplemental EIR For Expanded Orange County Jail Facility
In an opinion filed June 12 and ordered published on July 6, 2015, the Fourth District Court of Appeal affirmed the trial court’s judgment upholding a supplemental EIR (“SEIR 564”)…
Land Use Law Blog
2015 CEQA 2nd QUARTER REVIEW
By William W. Abbott, Diane Kindermann, Glen Hansen, Brian Russell and Dan Cucchi Welcome to Abbott & Kindermann’s 2015 2nd Quarter CEQA update. This summary provides links to more in…
CEQA Developments
Fourth District Holds Losing CEQA Plaintiff’s Mooted Appeal Was Not “Catalyst” To City’s Revocation Of Project Entitlements After Developer Abandoned Project; Trial Court’s Denial Of Private Attorney General Fee Motion Affirmed
In an opinion filed June 8, and ordered published on July 6, 2015, the Fourth Appellate District Court of Appeal affirmed the trial court’s judgment denying a CEQA plaintiff’s motion for attorneys’…
Environmental and Climate
Friends of the Eel River v. North Coast Railroad Authority, S222472. (A139222; 230 Cal.App.4th 85; Marin County Superior Court; CV1103591, CV1103605.)
Petition for Review Granted December 10, 2014 Current Status Fully briefed by the parties as of April 30, 2015. Amicus briefing in progress. Court’s Statement of Issues Presented The court…
Environmental and Climate
Supplement to 16 year old EIR is Acceptable, Project Proponents Need Not Address Every Comment Following Public Review.
In City of Irvine v. County of Orange, (July 6, 2015, G049527)__Cal.App.4th__, the Fourth District Court of Appeal affirmed the adequacy of a Supplemental Environmental Impact Report (SEIR) prepared approximately…
Environmental and Climate
Court of Appeal Publishes Case Clarifying “Catalyst Theory” Attorney Fees
On July 6, 2015, the Fourth District Court of Appeal ordered publication of Coalition for a Sustainable Yucaipa v. City of Yucaipa (July 6, 2015, E057589) __Cal.App.4th__. The court upheld…