The court rejected a claim that the city violated CEQA Guidelines section 15088.5(g) by failing to summarize each of the revisions to a draft EIR made by a revised and recirculated draft EIR. Save Civita Because Sudberry Won’t v. City of San Diego, 2021 WL 5937417 (No. D077591, 4th Dist. 1st Div., December. 16, 2021).

A California Court of Appeal held that special legislation providing fast-track judicial review to the Howard Terminal Project did not impose a deadline for the Governor to certify the project for streamlined environmental review under CEQA.  Pacific Merchant Shipping Association v. Newsom (Oakland Athletics Investment Group, LLC), 67 Cal. App. 5th 711 (2021).

The EIR for development of a new resort at Squaw Valley failed to meaningfully address Lake Tahoe as part of the environmental setting and was deficient in its analysis of water quality, air quality, and noise impacts. In a separate opinion, the court held that the County violated the Brown Act by placing a copy

A California Court of Appeal held that CEQA’s issue exhaustion requirement did not preclude a challenge to Inyo County’s exemption determinations for condemnation proceedings and expanded operation of unlined landfills because the County failed to provide adequate notice that CEQA exemptions would be considered at its public meeting. As a matter of law, the Court

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

In Save Our Access v Watershed Conservation Authority, 68 Cal. App. 5th 8 (2021), plaintiff Save Our Access challenged the EIR certified by the Watershed Conservation Authority for a project to improve a recreation area within the Angeles National Forest. The project was designed to restore natural resources damaged by heavy recreational use, upgrade

A developer established a probability of prevailing on its claims for malicious prosecution where the evidence showed that the neighboring owner lacked probable cause for pursuing CEQA litigation and acted with malice. Dunning v. Johnson, 64 Cal. App. 5th 156 (2021).

Clews Horse Ranch sued to challenge a decision by the City of San

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