California Environmental Quality Act Categorical Exemptions

News & Analysis as of

Real Estate and Land Use - September 2015 #2

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

Land Use Matters: Alston & Bird LLP, September 2015

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

Back To The Chalk Board: School District’s Math Fails To Justify CEQA Categorical Exemption For School Closures

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

CEQA Categorical Exemption Case Opinion Ordered Slightly Modified By Supreme Court; Berkeley Hillside Preservation Judgment Is...

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

CEQA Judicial Outcomes: Fifteen Years of Reported California Appellate and Supreme Court Decisions

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

Ruling Complicated Use of CEQA's Categorical Exemptions

Categorical exemptions from environmental review under the California Environmental Quality Act, or CEQA, do not apply to projects involving a reasonable possibility of a significant effect on the environment due to unusual...more

Work Done Under Unchallenged CEQA Emergency Exemption Held Part Of Existing Environment Baseline In Subsequent CEQA Challenge To...

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

California Supreme Court Issues CEQA Ruling Regarding Categorical Exemptions - The Practical Result of the Court's Decision Is...

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

California Supreme Court Construes CEQA’s “Unusual Circumstances” Exception to Categorical Exemptions in Berkeley Hillside...

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

Big House CEQA Exemption on Firm Foundation

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

California Supreme Court Announces New Test for CEQA “Unusual Circumstances” Exception

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

It’s Not Unusual: California Supreme Court Declines to Expand “Unusual Circumstances” Exception to CEQA Categorical Exemptions

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

California Supreme Court Establishes the Standard of Review for the Unusual Circumstances Exception to CEQA Categorical Exemptions...

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

CA Supreme Court Provides Key CEQA Guidance Regarding Categorical Exemptions

The California Supreme Court issued a long-awaited ruling regarding categorical exemptions under the California Environmental Quality Act (CEQA) reversing a court of appeal decision that would have sharply curtailed the use...more

CEQA Alert: California Supreme Court Issues Long-Awaited Guidance on the “Unusual Circumstances” Exception to CEQA’s Categorical...

In its March 2 decision in Berkeley Hillside Preservation v. City of Berkeley (SC Case No. S201116), the California Supreme Court provides critical guidance to CEQA lead agencies and practitioners regarding the proper...more

Judicial Review Of CEQA Categorical Exemptions From 1997-Present

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

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