On July 9, 2014, the California Supreme Court granted the petition for review filed by Plaintiff/Respondent Center for Biological Diversity (CBD) in Center for Biological Diversity, et al. v. Department of Fish and Game (Newhall Land Farming Company) (2d Dist. 2014) 224 Cal.App.4h 1105 (Supreme Ct., Case No. S217763). The new grant adds to the half dozen other CEQA cases in which the Supreme Court has granted review in the last few years.
The Court of Appeal’s lengthy, partially published opinion, now vacated by the high court’s grant of review, involved numerous issues arising under both CEQA and the California Endangered Species Act (CESA) in connection with resource management approvals for the massive Newhall Ranch project. These included significant CEQA issues concerning greenhouse gas (GHG) baseline setting and assessment methodology which were addressed in an unpublished portion of the decision. For a detailed analysis of the Court of Appeal’s decision, see “Second District Addresses Interesting CEQA and Species Mitigation Issues In Lengthy Partially Published Opinion Upholding Resource Management and Conservation Approvals for Newhall Ranch Project, but “Hides Its Work” on Significant Greenhouse Gas Issues in Unpublished Portion,”