Statute
CEQA
1,308 published works
CEQA Developments
Sixth District Reverses Writ, Upholds Responsible Agency Monterey County’s Approval of Desalination Plant In Reliance on CPUC’s EIR For Multi-Component, Cross-Jurisdictional Water Supply Project; Court Rejects CEQA Challenges Based On County’s Decision Not to Prepare Subsequent EIR and Allegedly Inadequate Statement of Overriding Considerations
In an opinion originally filed on September 8, and subsequently modified and certified for partial publication on October 4, 2023, the Sixth District Court of Appeal reversed the trial court’s…
Environmental and Climate
Court of Appeal Rules No Additional Environmental Review Required for Monterey Peninsula Water Supply Project
By Amy R. Higuera, Arley Titzler
In Marina Coast Water Dist. v. County of Monterey (2023) 96 Cal.App.5th 46, the Sixth District Court of Appeal reversed the trial court’s ruling, rejecting Marina Coast Water District’s (“MCWD”)…
California Land Use & Development Law Report
Court Upholds EIR for UCSF Parnassus Expansion Against Wide-Ranging CEQA Claims
By Julie Jones
The First District Court of Appeal has approved an EIR analyzing a proposed fifty percent increase in density at the Parnassus campus of the University of California, San Francisco. Yerba…
CEQA Developments
Fourth District Affirms Judgment Upholding City’s Use of CEQA Guidelines’ Historical Resource (Class 31) Exemption To Approve Historic Single Family Home Rehabilitation Project; Holds “Fair Argument” Test Doesn’t Apply To Exception Requiring Same Factual Determination As Exemption
In an opinion filed September 13, and modified and certified for publication on October 6, 2023, the Fourth District Court of Appeal (Div. 3) affirmed the trial court’s judgment denying…
California Land Use & Development Law Report
Fair Argument Standard Did Not Apply to Claim Regarding Exception to CEQA’s Historical Resources Categorical Exemption
By Marie Cooper
This case addressed both application of CEQA’s categorical exemption for renovation of historical resources and application of an exception to the exemption that turned on the question whether the project…
Administrative and Regulatory
Environmental Real Parties may be entitled to attorney’s fees for helping agency defend against private party attacks on highway route extension
By Dustin D. Peterson, Andrew M. Skanchy
In City of San Clemente v. Department of Transportation (2023) 92 Cal.App.5th 1131, the Fourth District Court of Appeal held that a homeowner’s association (Association), who challenged a proposed state…
Environmental and Climate
Trial Court’s Jurisdiction over CEQA Case is Lost after Writ is Satisfied by Rescission of Project Approvals
By Andrew M. Skanchy, Megan V. Unger, Merry Iseley
In McCann v. City of San Diego (2023) 94 Cal.App.5th 284 (McCann II), the Fourth District Court of Appeal held the trial court exceeded its jurisdiction by failing to discharge…
CEQA Developments
Third District Affirms Judgment Denying CEQA Writ Petition Challenging Sacramento County’s Approval of Mather South Community Master Plan, Issues Narrow Holding Rejecting Challenges to County’s GHG Thresholds Methodology In Partially Published Opinion
In a partially published opinion filed on September 7, 2023, the Third District Court of Appeal affirmed a judgment denying a CEQA challenge to Sacramento County’s approval of a mixed-use…
Real Estate & Construction
Court of Appeal Clarifies CEQA’s In-fill Exemption Requirements
By Breana M. Inoshita, Laura Tepper, Tina Thomas
In United Neighborhoods for Los Angeles v. City of Los Angeles, et al. (2023) 93 Cal.App.5th 1074, the Second District Court of Appeal affirmed a trial court’s grant of a…
Administrative and Regulatory
Court of Appeal Finds Substantial Evidence Supports City’s Use of Statutory Exemption to Approve a Zoning Overlay District For Commercial Cannabis Uses
By Hina Gupta, Kathryn L. Oehlschlager, Sarah Nagle
In Lucas v. City of Pomona (2023) 92 Cal.App.5th 508, the Second District of the Court of Appeal affirmed the trial court’s decision that the City of Pomona’s (“City”) application…