A Summary of Published Appellate Opinions Under the California Environmental Quality Act In 2017, the California Supreme Court issued two decisions involving highly controversial questions of first impression. In the closely-watched Cleveland National Forest Foundation case, the court reversed the court of appeal’s ruling that the EIR for SANDAG’s regional transportation plan was fatally flawed … Continue Reading
Citing the likelihood of repurposing Placerville’s historic downtown courthouse and evidence nearby businesses were not dependent on it, the First District Court of Appeal held that “urban decay” was not a reasonably foreseeable consequence of moving judicial activities from downtown to a new building in the outskirts of the city. Placerville Historic Preservation League v. … Continue Reading
In a precedent-setting decision, the Fifth District Court of Appeal has upheld two key aspects of the 2014 environmental impact report for a refinery expansion project. Association of Irritated Residents v. Kern County Board of Supervisors No. F073892 (5th Dist., Nov. 21, 2017). First, the court approved the use of 2007 operating data for the … Continue Reading
In Center for Biological Diversity et al. v. California Department of Fish and Wildlife, 17 Cal. App.5th 1245 (2017) the court of appeal held a court order that requires partial decertification of an Environmental Impact Report and leaves some project approvals in place is a legally permissible remedy when an EIR has been found legally … Continue Reading
In Protect Telegraph Hill v. City and County of San Francisco (2017) 16 Cal.App.5th 261, the First District Court of Appeal rejected a series of CEQA challenges to San Francisco’s approval of a conditional use permit for the renovation of a historic cottage and the construction of a three-unit residential building. In upholding the city’s … Continue Reading
A certified regulatory program, which is exempt from some of CEQA’s requirements, must still comply with CEQA’s core policies and standards, which include considering feasible alternatives and cumulative impacts and recirculating environmental review documents in certain circumstances, the court of appeal held in Pesticide Action Network North America v. California Department of Pesticide Regulation, 16 … Continue Reading
A court of appeal has ruled that opponents of a new Planned Parenthood clinic did not establish a fair argument that anti-clinic protests might cause significant environmental effects. Therefore, the City of South San Francisco did not err in finding the clinic project exempt from CEQA. Respect Life South San Francisco v. City of South … Continue Reading
A CEQA case challenging the City of Wildomar’s approval of a Wal-Mart retail complex has been dismissed because the petitioner refused to comply with discovery requests regarding its standing to sue. Creed-21 v. City of Wildomar, 4th Dist. Court of Appeal Case No.E066367 (pub. order 12/19/2017). CEQA cases generally are decided on the administrative record … Continue Reading
A draft EIR that studies five very different project alternatives without identifying a preferred alternative violates CEQA by failing to provide the public with a stable project to review, the court of appeal held in Washoe Meadows Community v. Department of Parks and Recreation, No. A145576 (1st Dist., Nov. 15, 2017). The California Department of … Continue Reading
A community college district’s approval of an agreement to buy land for possible use as a new campus did not trigger CEQA review where the agreement required an EIR before the sale could be consummated and the District had not otherwise committed itself to building a new campus on the site. Bridges v. San Jacinto … Continue Reading
The California Supreme Court has issued its decision in Friends of the Eel River v. North Coast Railroad, an important case regarding preemption of state environmental law by the Interstate Commerce Commission Termination Act (ICCTA), which contemplates a unified national system of railroad lines subject to federal, not state, regulation. The court held that the … Continue Reading
In an unsurprising decision, a court of appeal held that CEQA claims may be asserted against an air quality management district. Friends of Outlet Creek v. Mendocino County AQMD, (First Dist. Ct. App., No. A148508 (decided 3/23/17; ordered published 5/25/17) The Mendocino County Air Quality Management District granted an “Authority to Construct” – a permit … Continue Reading
In November 2014, we reported on the controversial court of appeal decision that overturned the environmental impact report for the San Diego Association of Governments’ 2050 Regional Transportation Plan and Sustainable Communities Strategy. The court faulted the EIR for failing to assess the plan’s consistency with the 2050 greenhouse gas emissions reduction goal contained in an … Continue Reading
A party against whom summary judgment is entered as a result of attorney neglect may not seek relief under a statute that provides relief from a default judgment or dismissal resulting from attorney neglect. The Urban Wildlands Group, Inc. v. City of Los Angeles, 10 Cal. App. 5th 993 (2017). The plaintiff challenged the City … Continue Reading
The court of appeal held that the doctrine of res judicata (which precludes relitigation by the same parties of issues previously adjudicated on the merits) does not apply when a prior judgment was based on mootness and ripeness grounds because it is not a judgment on the merits. Association of Irritated Residents v. California Department of … Continue Reading
The court of appeal rejected a claim that a tie vote of the air quality management district’s hearing board resulted in “no action” and hence was not subject to judicial challenge. Grist Creek Aggregates. LLC v. Mendocino County Air Quality Management District (No. A149861, June 14, 2017). The Mendocino County Air Quality Management District approved … Continue Reading
The court in Aptos Council v. County of Santa Cruz (6th District, No. H042976, April 25, 2017) rejected a lawsuit claiming that three pro-development zoning ordinances the county adopted constituted a single project that that should have been reviewed together in an environmental impact report. The court of appeal found that the zoning ordinances could … Continue Reading
In 2013, the fifth district court of appeal ruled that the California Air Resources Board violated CEQA when it adopted its 2009 Low Carbon Fuel Standard regulations, and the court directed issuance of a writ of mandate requiring that CARB take corrective action. The court allowed the LCFS regulations to remain in effect while CARB completed a new CEQA analysis, concluding that leaving … Continue Reading
In Sierra Club v. County of Sonoma, (A147340, May 22, 2017) the First District Court of Appeal affirmed that a decision to issue a permit will trigger the duty to comply with CEQA only when the agency has the ability and authority to mitigate the project’s environmental impacts to some degree. The Agricultural Commissioner of … Continue Reading
This court of appeal decision was issued upon remand for further proceedings after a California Supreme Court decision in which the court considered the standard of review that applies when an agency makes significant changes to a project that was originally approved based on a negative declaration and determines that no further environmental review is … Continue Reading
The court of appeal upheld the County of Riverside’s decision to approve development of a master-planned community, rejecting claims that the County violated CEQA by (1) filing an inadequate notice of determination; (2) failing to recirculate the final EIR after the project was modified; and (3) failing to consider and adopt feasible air quality mitigation … Continue Reading
A local agency’s environmental impact report must identify any areas on a project site that might qualify as “Environmentally Sensitive Habitat Areas” under the California Coastal Act, and must account for those areas in the EIR’s analysis of project alternatives and mitigation measures. Banning Ranch Conservancy v. City of Newport Beach, California Supreme Court Case … Continue Reading
A Summary Of Published Appellate Opinions Under The California Environmental Quality Act In 2016, the California appellate courts issued published opinions in 21 CEQA cases. In several of those opinions, including a ground-breaking decision by the California Supreme Court, the courts grappled with limits on the scope of required environmental review for a subsequent project … Continue Reading
The enactment of a zoning ordinance regulating medical marijuana facilities is not necessarily a project under CEQA, according to the court of appeal’s decision in Union of Medical Marijuana Patients, Inc. v. City of San Diego, 4 Cal.App.5th 103 (2016). The decision makes it clear that a zoning ordinance is a project subject to CEQA … Continue Reading
