In IBC Business Owners for Sensible Development v. City of Irvine et al. (Feb. 6 2023, Case No. G060850) ___ Cal.App.5th ___, the Fourth District Court of Appeal held that the City of Irvine (“City”) violated CEQA when it...more
The City of Thousand Oaks violated the Ralph M. Brown Act by adopting a CEQA exemption without having listed the exemption as an item on its agenda for at least 72 hours before the meeting. G.I. Industries v. City of Thousand...more
In an opinion filed on February 1, 2021, the First Appellate District in Schmid v. City and County of San Francisco found that petitioners challenging the City of San Francisco’s decision to remove a controversial sculpture...more
In Berkeley Hills Watershed Coalition v. City of Berkeley (2019) 31 Cal.App.5th 880 [certified for partial publication], the Court of the Appeal for the First District affirmed that the construction of three new single-family...more
The court of appeal held that the City of St. Helena did not violate CEQA by approving a demolition permit and design review for a multi-family residential project without preparing an environmental impact report. McCorkle...more
On December 18, 2018, the First Appellate District, in McCorkle v. St. Helena (A153238), affirmed the trial court’s denial of a Petition for Writ of Mandate challenging the City of St. Helena’s approval of a multi-dwelling...more
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....more
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...more
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...more
In Protect Telegraph Hill v. City and County of San Francisco (Sept. 14, 2017 Slip Opinion A148544, unpublished), the First District Court of Appeal upheld the City of San Francisco's determination that rehabilitation of a...more
Not Your First Rodeo—CEQA Exemption for Rodeo Event Upheld - Citizens for Environmental Responsibility v. State of California - Why It Matters: The Third District Court of Appeal upheld the use of a categorical...more
At its October 27, 2015, meeting, the Board of Supervisors voted unanimously to create a new dedicated Affordable Housing Program budget unit and approved setting aside $100 million for the creation and operation of both...more
Use It or Lose It: San Clemente Required to Refund $10 Million in Unused Impact Fees: Walker v. City of San Clemente (August 28, 2015, G050552) - Why It Matters: In a strict reading of a local agency’s...more
The 1st District Court of Appeal invalidated the use of a statutory exemption applicable to the State Lands Commission’s (SLC) approval of a land exchange. The land exchange related to the 8 Washington Street Project, which...more
In a published opinion filed September 2, 2015, the Fourth District Court of Appeal (Division 2) reversed the trial court’s judgment denying a writ petition challenging a school district’s determination that its closure of...more
On May 27, 2015, the California Supreme Court filed a 4-page order modifying portions of the majority and concurring opinions previously filed March 2, 2015, in Berkeley Hillside Preservation v. City of Berkeley (2015) 60...more
This report analyzes all published opinions from 1997 through 2012 litigated to the California Court of Appeal or the California Supreme Court concerning the analytical validity of an Environmental Impact Report (EIR) or...more
In a decision filed January 29, and belatedly ordered published on February 18, 2015, the Fourth District Court of Appeal rejected numerous CEQA (and other) challenges to the City of San Diego’s regular, after-the-fact...more
The California Supreme Court issued its opinion in Berkeley Hillside Preservation v. City of Berkeley (Case No. S201116), overturning the Court of Appeal and charting a course for the future application of categorical...more
In a 46-page majority opinion written by Justice Chin and joined by four other justices, punctuated by an 18-page concurring opinion (by Justice Liu, joined by Justice Werdegar) which reads like a dissent, the California...more
The Berkeley Hillside Preservation association wasn’t thrilled with a new neighbor’s plans to demolish an existing house and build a 6,478-square-foot house with an attached 3,394-square-foot 10-car garage on a slope in the...more
Berkeley Hillside Preservation v. City of Berkeley (2015) ___ Cal.4th ___, Case No. S201116 - This week the California Supreme Court issued its long-awaited decision in the Berkeley Hillside case, which considered...more
In an important and highly anticipated decision under the California Environmental Quality Act (CEQA), the California Supreme Court overturned a Court of Appeal’s decision that would have severely limited public agencies’...more
Breathing life into the use of CEQA categorical exemptions, on March 2, 2015, the California Supreme Court held that a reasonable possibility that a project may result in significant effects on the environment alone is not...more
This report reviews all California Court of Appeal and Supreme Court decisions that have analyzed categorical exemptions under the California Environmental Quality Act (CEQA) from 1997 through the present. This research was...more