Real Estate & Land Use - Court Rejects the Need for CEQA Analysis of Sea Level Rise and Invalidates CEQA Guideline


In an opinion ordered published last Friday, December 2, 2011 (originally filed November 9, 2011), the Second District Court of Appeal held that the City of Los Angeles was not required to discuss the impact of sea level rise as a result of global climate change on a proposed mixed-use development project. (Ballona Wetlands Land Trust, et al. v. City of Los Angeles (2009) ___ Cal.App.4th ___ (Nov. 9, 2011, Case No. B231965).) The court restated its prior conclusion that “the purpose of an EIR is to identify the significant effects of a project on the environment, not the significant effects of the environment on the project.” (See City of Long Beach v. Los Angeles Unified School Dist. (2009) 176 Cal.App.4th 889, 905.)

The court also upheld the City’s determination that the project site would not be subject to inundation as a result of sea level rise, finding substantial evidence in the record to support the City’s determination. It should be noted that while not specifically addressed in Ballona Wetlands, projects located in floodplains or areas subject to inundation may remain subject to CEQA’s mandate that environmental impacts of projects be identified, analyzed, and mitigated if the project may have an impact on the physical environment, such as by causing a diversion of floodwaters due to new construction.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Manatt, Phelps & Phillips, LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »


Manatt, Phelps & Phillips, LLP, is known for quality, for extraordinary commitment to clients, for... View Profile »

Follow Manatt, Phelps & Phillips, LLP:

Reporters on Deadline

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.