Tag: Categorical Exemptions

Seven-Year Extension of Diablo Canyon Lease Held Exempt from CEQA

A court of appeal has rejected CEQA and public trust challenges to a State Lands Commission lease extension allowing the Diablo Canyon nuclear power plant to continue operating through 2025.  World Business Academy v. California State Lands Commission, 24 Cal. App. 4th 476 (2018). Pacific Gas & Electric Company plans to cease operating Diablo Canyon … Continue Reading

California Supreme Court Upholds Most Commonly Used CEQA Categorical Exemptions

The California Supreme Court has issued its long-awaited decision in Berkeley Hillside Preservation v. City of Berkeley, No. S201116 (March 2, 2015). The Court’s decision clears up some of the ambiguity that has surrounded the standard of review for challenges to CEQA exemptions under the unusual circumstances exception. In doing so, the Court rejected the … Continue Reading

No Exception to the Exemption — Installation of Small Wireless Telecom Equipment on Existing Utility Poles Throughout City is Exempt from CEQA

After obtaining the necessary permit, T-Mobile installed wireless equipment on an existing utility pole in a residential neighborhood in San Francisco.  The installation was part of a larger project to install similar equipment on existing utility poles scattered throughout the city.  Residents living nearby sought to have the city’s decision to issue the permit overturned, … Continue Reading

Speak Now or Forever Hold Your Peace — Issue Exhaustion Applies to CEQA Exemptions.

The California Supreme Court has issued a landmark decision holding that the exhaustion doctrine – which requires parties to raise their claims at the administrative level before litigating them in court — applies to challenges to an agency decision that a project is exempt from CEQA.  Overturning a 15-year-old precedent, the court ruled that if the decision-making … Continue Reading

Supreme Court to Decide Scope of Categorical Exemptions from CEQA

In what is perhaps the most controversial CEQA decision this year, the court of appeal in Berkeley Hillside Preservation invalidated permits for construction of a single-family home, ruling that the project did not qualify under CEQA’s categorical exemption for construction of a single-family residence or its categorical exemption for infill development.  The California Supreme Court has now decided to … Continue Reading
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