News & Analysis as of

California Environmental Quality Act Appeals

California Court Chastises Air Resources Board over LCFS but Preserves 2017 Status Quo

by Latham & Watkins LLP on

In two recent posts, we discussed how California’s Low Carbon Fuel Standard (LCFS) had been thrown into a state of potential upheaval by two interrelated legal challenges commonly known as POET I and POET II, including a...more

California Appellate Court Upholds Negative Declaration for County "Up-Zoning" Ordinance - Aptos Council v. County of Santa Cruz...

by Holland & Knight LLP on

Aptos Council v. County of Santa Cruz ruling also clarifies CEQA "Piecemeal" Doctrine - The Sixth District Court of Appeal's recent decision in Aptos Council v. County of Santa Cruz provides useful California...more

CARB Wins Again on Cap-and-Trade, But Is It Really in Any Danger of Losing?

by Stoel Rives LLP on

As the sands shift on federal climate change policy, California’s cap-and-trade program survives to fight another day. Yesterday, a California Court of Appeal upheld the program because it does not impose a tax subject to...more

California State Court Poised to Destabilize Low Carbon Fuel Standard

by Latham & Watkins LLP on

Big changes appear to be imminent for California’s Low Carbon Fuel Standard (LCFS). As discussed in greater detail in our recent post, the LCFS currently is the subject of two interrelated legal challenges commonly known...more

Fourth District Affirms Judgment Rejecting Numerous CEQA Challenges to EIR and Approval Process for Large Master-Planned Riverside...

by Miller Starr Regalia on

In a 46-page opinion filed February 14 and ordered published on March 15, 2017, the Fourth District Court of Appeal rejected numerous CEQA challenges to Riverside County’s approval of an EIR for Specific Plan 380, a 200-acre...more

Appellate Court Rejects CEQA Claims on Project Modifications Made After Final EIR Published

by Holland & Knight LLP on

California's Fourth District Court of Appeal has provided useful guidance on processing requirements for environmental review documents prepared under the California Environmental Quality Act (CEQA) when project modifications...more

Environmental Litigation and Toxic Torts Update – Mountain/West Coast Case Law Highlights

Ninth Circuit Finds “Threatened” Designation For Bearded Seals Proper Based On New Long-Term Projections - Alaska Oil and Gas Ass’n et al. v. Pritzker et al., 840 F.3d 671, 2016 U.S. App. LEXIS 19084 (9th Cir. 2016)....more

California Supreme Court Denies Review in Expedited CEQA Litigation over Golden State Warriors Arena Project Approval

by Miller Starr Regalia on

On January 17, 2017, the California Supreme Court denied the losing appellants’ petition for writ of supersedeas, stay request, and petition for review of the First District Court of Appeal’s decision in Mission Bay Alliance...more

Reliance on 1998 EIR Under CEQA Upheld Based on Substantial Evidence

by Holland & Knight LLP on

In The Committee for Re-Evaluation of the T-Line Loop v. San Francisco Municipal Transportation Agency, et al., California's First District Court of Appeal is the first appellate court to apply the California Supreme Court's...more

CEQA Does Not Require Local Lead Agency To Provide For Administrative Appeal To Elected Body of Nonelected Body’s Decision That...

by Miller Starr Regalia on

In an opinion filed December 7, and later ordered published on December 16, 2016, the Fourth District Court of Appeal affirmed a judgment denying a writ petition on the “single legal issue” whether plaintiffs were entitled...more

Appellate Court Rejected EIR That Found Insignificant Traffic Impacts, Despite Consistency With Infill-Promoting General Plan...

by Holland & Knight LLP on

The Court of Appeal of the State of California, Third Appellate District, overturned an Environmental Impact Report (EIR) prepared under the California Environmental Quality Act (CEQA). The appellate court rejected the EIR's...more

Sacramento Residential Infill Project EIR Violated CEQA By Basing Less-Than-Significant Traffic Impact Finding Solely On...

by Miller Starr Regalia on

On November 7, 2016, the Third District Court of Appeal filed a published opinion mostly upholding the EIR for a 48.75-acre, 328-unit residential infill project (known as McKinley Village) against various CEQA challenges, and...more

California Supreme Court Sets New Deferential Standard for Supplemental CEQA Review

In Friends of the College of San Mateo Gardens v. San Mateo Community College District, No. S214061 (Cal. September 19, 2016), the California Supreme Court rejected the “new project” test for determining whether a changed...more

California Supreme Court Rejects "New Project" Test In High Profile CEQA Suit

by Morrison & Foerster LLP on

“Enough already!” Reading between the lines, this is what a seemingly exasperated California Supreme Court appears to be saying in its latest California Environmental Quality Act (“CEQA”) decision?Friends of the College of...more

My Project Changed—Is My EIR Still Valid: A New California Supreme Court Case Provides Guidance

by Snell & Wilmer on

Change is inevitable. Many times between project approval and project construction fluctuations in market conditions, financing terms or other factors mandate project changes. Do the changes require a further or modified...more

CEQA Allows Developers to Recover Administrative Record Costs when Reimbursing Agency

by Best Best & Krieger LLP on

Appellate Victory for Developers and Public Agencies - A developer can recover the cost of preparing a California Environmental Quality Act administrative record, even when the lead agency, not the developer, actually...more

Contemplating Cross-Appeals – When “Winners” Need to Appeal

by Carlton Fields on

One preservation issue that seems to receive less attention than it should is the potential need for a cross-appeal. An appellee/respondent who is not entirely successful in the trial court may challenge an unfavorable...more

Sixth District Rejects SMARA And CEQA Challenges To Permanente Quarry Reclamation Plan Amendment And Related EIR

by Miller Starr Regalia on

In a published opinion filed August 31, 2016, the Sixth Appellate District Court of Appeal rejected claims under CEQA and the Surface Mining and Reclamation Act (“SMARA”; Pub. Resources Code, §§ 2700, et seq.), and affirmed...more

Real Estate and Land Use - August 2016

Court of Appeal Holds EIR Inadequately Analyzed Energy Impacts - Ukiah Citizens for Safety First v. City of Ukiah et al. (248 Cal.App.4th 256) (partially published) - Why It Matters: The California Court of Appeal...more

Sixth District Holds CEQA’s “Fair Argument” Test Inapplicable To City Of San Jose’s Discretionary Determination That 1922 Wooden...

by Miller Starr Regalia on

A project that may cause a substantial adverse change in the significance of a “historical resource” may, for that reason, have a significant effect on the environment for purposes of CEQA. (Pub. Resources Code, § 21084.1.)...more

California Environmental Law & Policy Update - July 2016 #4

by Allen Matkins on

Environmental and Policy Focus - Metropolitan Water District completes $175-million purchase of Delta islands - Los Angeles Times - Jul 18 - Metropolitan Water District (MWD) this Monday completed the...more

The Plot Thickens: California Supreme Court Vacates Submission Of Just-Argued CEQA Subsequent Review Case, Orders Supplemental...

by Miller Starr Regalia on

In orders issued May 11, 2016, one week after the May 4 oral argument and submission of the cause for decision, the California Supreme Court vacated the submission and ordered supplemental briefing in Friends of the Collage...more

Second District Rejects CEQA And Fair Transit Hearing Challenges To LA Metro’s Westside Subway Extension Project In Lengthy...

by Miller Starr Regalia on

In a 65-page opinion certified for publication and filed October 22, 2015, the Second Appellate District Court of Appeal affirmed the Los Angeles County Superior Court’s judgment denying writ petitions by the City of Beverly...more

Land Use Matters: Alston & Bird LLP, October 2015

by Alston & Bird on

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

First District Applies CEQA Exhaustion/Standing Rules, Upholds Judgment Rejecting Claim of Statutory Exemption for Controversial...

by Miller Starr Regalia on

In a published decision filed September 17, 2015, the First District Court of Appeal affirmed the trial court’s judgment granting a writ of mandate and finding that a proposed land exchange agreement was not statutorily...more

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