The court of appeal found that the California Coastal Commission erred by approving a coastal development permit for a residential development before environmental review for the project had been completed. Friends, Artists and Neighbors of Elkhorn Slough v. California Coastal Commission, 2021 WL 5905714 (No. H048088, 6th Dist., December 14, 2021).

The Commission’s staff

The Court of Appeal held that a CEQA challenge to a decision approving removal of trees adjacent to PG&E gas pipelines was time-barred because an agreement to toll the statute of limitations did not include PG&E, which was an indispensable party in the proceedings, and the suit was filed after the applicable 180-day limitations period

Plaintiff’s Brown Act claims were barred because unreasonable delay in prosecuting the lawsuit substantially prejudiced parties and the general public. Julian Volunteer Fire Company Association v. Julian-Cuyamaca Fire Protection District, No. D076639 (4th Dist., March 30, 2021).

The Julian-Cuyamaca Fire Protection District requested the San Diego Local Agency Formation Commission to dissolve the District and

The State Lands Commission was not required to assume the role of lead agency and prepare a subsequent EIR for changes to a desalinization plant for which an EIR had already been certified by the City of Huntington Beach as lead agency.  California Coastkeeper Alliance v State Lands Commission, 64 Cal. App. 5th 36

Multiple applications for a development project are not required where the first permit denial makes clear that no development of the property would be allowed under any circumstance. Felkay v. City of Santa Barbara, No. B304964 (2nd Dist., March 18, 2021).

Felkay purchased an ocean-front lot with the intention of building a residence. The

Where a county ordinance allowed for exercise of discretion in some circumstances regarding issuance of well construction permits, such permits could not categorically be classified as ministerial and hence exempt from CEQA review. Protecting Our Water and Environmental Resources v County of Stanislaus, 10 Cal.5th 470 (2020).

Stanislaus County adopted an ordinance which categorically

The court of appeal held that plaintiffs’ inverse condemnation and damages claims based on dredging in the bay adjacent to their properties was barred under the doctrine of res judicata based on a 1931 judgment conclusively establishing that the property alleged to have been taken or damaged was not owned by plaintiffs. SLPR, LLC v.