News & Analysis as of

Administrative Remedies Environmental Impact Report (EIR)

Downey Brand LLP

Oakland and the A’s Prevail on All but One Minor Issue in Ballpark EIR Case; Wind Mitigation Found Inadequate

Downey Brand LLP on

In E. Oakland Stadium Alliance v. City of Oakland (Mar. 30, 2023, No. A166221) ___Cal.App.5th___ [2023 Cal. App. LEXIS 240], the First District Court of Appeal concluded that the EIR prepared for the proposed Oakland A’s...more

Meyers Nave

Meyers Nave Secures Victory for City of Oakland as Court of Appeal Upholds EIR for A’s Baseball Stadium Project

Meyers Nave on

In a lengthy published decision, the Court of Appeal upheld the City of Oakland’s environmental impact report (EIR) for the proposed Oakland A’s MLB stadium and mixed use project, rejecting numerous challenges and affirming...more

Perkins Coie

General Request for EIR Insufficient to Exhaust Administrative Remedies When Challenging Reliance on Categorical Exemption

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Plaintiff did not exhaust administrative remedies when challenging the City’s approval of a homeowner’s development project on the ground that a Class 1 categorical exemption was inapplicable. Arcadians for Environmental...more

Downey Brand LLP

Neighbor’s General Complaints of Environmental Concerns Insufficient to Exhaust Administrative Remedies as to CEQA Exemption...

Downey Brand LLP on

In Arcadians for Environmental Preservation v. City of Arcadia (Feb. 16, 2023, No. B320586) ___Cal.App.5th___ [2023 Cal. App. LEXIS 103] the Second District Court of Appeal found no error in a trial court ruling that there...more

Downey Brand LLP

First District Invalidates Garaventa Hills EIR for Improperly Classifying No-Project Alternative of Preserving Residentially-Zoned...

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On March 30, 2022, the First District Court of Appeal published its opinion in Save the Hill Group v. City of Livermore (2022) 76 Cal.App.5th 1092, invalidating an Environmental Impact Report (“EIR”) for the Garaventa Hills...more

Downey Brand LLP

First District Denies Challenge to Napa County Approval of Mining Operations Because Petitioner Failed to Exhaust Administrative...

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In Stop Syar Expansion v. County of Napa (2021) 63 Cal.App.5th 444, the First District Court of Appeal upheld Napa County’s Environmental Impact Report (EIR) for the expansion of Syar Industries, Inc.’s aggregate mining...more

Sheppard Mullin Richter & Hampton LLP

CDP Applicant May Not Challenge Local Agency’s CEQA Decision on Coastal Development Permit While CDP Appeal to Coastal Commission...

In Fudge v. City of Laguna (G055711), published on February 13, 2019, the Fourth District Court of Appeal joined the First and Sixth Districts by reaffirming the need for a litigant to wait for the California Coastal...more

Perkins Coie

City’s Bifurcated Procedure For Appealing Approval of Entitlements Separately From CEQA Determinations Upheld

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The Fourth District Court of Appeal upheld a mitigated negative declaration where the project opponent correctly appealed the approval of entitlements but failed to properly appeal the CEQA determination under the City of San...more

Downey Brand LLP

Clean Sweep for City of San Diego in Challenge to Approval of Private School

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On December 20, 2017, the Fourth District Court of Appeal delivered a solid win for the City of San Diego in a multi-faceted challenge to its approval of a private school pursuant to a Mitigated Negative Declaration (“MND”)....more

Nossaman LLP

California Supreme Court Finds Newhall EIR Insufficient, But Partially Upholds Greenhouse Gas Analysis

Nossaman LLP on

On November 30, 2015, the California Supreme Court issued its much-anticipated decision in Center for Biological Diversity v. Cal. Dept. of Fish & Wildlife, Case No. S217763 (Nov. 30, 2015). The decision is the first in a...more

Manatt, Phelps & Phillips, LLP

Newhall Ranch Project Dealt Supreme Court Setback - Center for Biological Diversity v. California Department of Fish and Wildlife

The California Supreme Court released its long-awaited opinion in Center for Biological Diversity v. California Department of Fish and Wildlife on Monday, November 30. The case presented issues regarding the adequacy of an...more

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