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CEQA

1,308 published works

  1. 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

    By Arthur F. Coon

    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…

  2. 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”)…

  3. 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…

  4. 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

    By Arthur F. Coon

    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…

  5. 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…

  6. 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…

  7. 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…

  8. 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

    By Arthur F. Coon

    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…

  9. 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…

  10. 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…