Statute
CEQA
1,312 published works
California Land Use & Development Law Report
Challenge To Annexation Dismissed Due To Failure To Comply With Required Procedures
By Marie Cooper
CEQA and other claims challenging a completed annexation were dismissed because they had not been brought in a reverse validation proceeding. Protect Agricultural Land v. Stanislaus County Local Agency Formation…
Government and Public Policy
Plaintiff’s LAFCO and CEQA Claims Dismissed on Procedural Grounds
In Protect Agricultural Land v. Stanislaus Local Agency Formation Commission, 2014 Cal. App. LEXIS 80, the court affirmed the requirement that challenges to annexation and sphere of influence decisions by…
Environmental and Climate
Court Holds EIR’s Inadequacy Is Rooted In Its Failure to set Forth A Significance Threshold For Impacts To Old Growth Redwoods And To Properly Disclose Related Impacts And Mitigation Measures
In Lotus v. Department of Transportation, 2014 Cal. App. LEXIS 97, the California Court of Appeal, First Appellate District, reversed the trial court’s denial of appellants’ petition for writ of…
CEQA Developments
CEQA Requires CalTrans’ EIR to Separately Analyze Significance of Highway Project’s Impacts on Protected Old Growth Redwoods’ Root Zones Prior to Discussing Mitigation and Concluding Impacts are Mitigated
In a partially-published opinion filed January 30, 2014, the First District Court of Appeal, Division 3, reversed the trial court’s judgment denying a writ petition, and held that Caltrans must…
CEQA Developments
OPR Mulls Changes in CEQA Traffic Metrics
As previously discussed in this blog, last year’s passage of SB 743 added a requirement in Public Resources Code § 21099(b) that the Governor’s Office of Planning and Research (OPR)…
Stoel Rives Environmental Law
Failure to Comply With LAFCO Procedural Requirements Proves Fatal to CEQA Suit
In Protect Agricultural Land v. Stanislaus County Local Agency Formation Commission (filed January 28, 2014) (“Protect Agricultural Land”), the Fifth District Court of Appeal affirmed judgment on the pleadings in…
CEQA Developments
OPR To Review Specific CEQA Guidelines Topics Proposed For 2014 Update, Solicits Public Input
The Governor’s Office of Planning and Research (OPR) will undertake a comprehensive review of the CEQA Guidelines (14 Cal.Code Regs., §15000 et seq) this year and is currently soliciting public…
California Land Use & Development Law Report
CEQA Year In Review 2013
By Perkins Coie
A Summary of Published Appellate Opinions Under CEQA By Steve Kostka, Barbara Schussman, Julie Jones, Marc Bruner & Christopher Tom The CEQA cases published in 2013 continued to reflect…
CEQA Developments
CEQA-In-Reverse Case Opening Brief Filed In California Supreme Court
The California Building Industry Association (CBIA) laid out its case that CEQA contains no general directive requiring analysis of the existing environment’s impacts on a future project in a 50-page…
CEQA Developments
“Bag It!” – Third Published CEQA “Bag Ban” Decision Upholds San Francisco’s Ordinance as Categorically Exempt While Slamming Plaintiff’s Arguments
Plaintiff Save the Plastic Bag Coalition (Coalition) lost a third consecutive published appellate decision in its litigation campaign to require EIRs for virtually all local ordinances that ban or restrict…