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California Environmental Quality Act Dismissals

Perkins Coie

Gentrification Not a Valid Basis For Fair Housing Act Claim

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A claim of disparate impact based on gentrification in predominantly minority communities is not cognizable under the Fair Housing Act. Crenshaw Subway Coalition v. City of Los Angeles, 75 Cal.App.5th 917 (2022). A...more

Downey Brand LLP

First District Court of Appeal Finds CEQA Claim Time-Barred Due to Insufficient Tolling Agreement

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On June 30, 2021, in Save Lafayette Trees, et. al v. East Bay Regional Park District (Pacific Gas and Electric Company, Real Party in Interest), the First District Court of Appeal upheld the dismissal of a CEQA claim as...more

Downey Brand LLP

Properly Posting Notice of Determination Triggers Short CEQA Statute of Limitations Despite Not Providing the Notice to Petitioner...

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Published on February 9, 2021, the Court of Appeal in Organizacion Comunidad de Alviso v. City of San Jose held that the City of San Jose’s (“City’s”) posting of a second, revised Notice of Determination (“NOD”) adequately...more

Downey Brand LLP

Two CEQA Statute of Limitations Cases, Two Different Results

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California Courts of Appeal recently issued two cases addressing the strict statute of limitations applicable to agency action under CEQA. Citizens for a Responsible Caltrans Decision v. Department of Transportation – ...more

Sheppard Mullin Richter & Hampton LLP

Fall Season Results in California Coastal Commission Victories

This Fall, the California Coastal Commission (“Commission”) was handed down two significant victories, further cementing its authority and jurisdiction within California coastal zones. These cases demonstrate that, in certain...more

Perkins Coie

City Approval of Agreement for Tree Removal Triggered 90-Day Statute of Limitations Under Planning and Zoning Law

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Broadly construing Government Code § 65009, which establishes a 90-day limitations period for claims under the Planning and Zoning Law, an appellate court held that approval of an agreement allowing removal of trees...more

Downey Brand LLP

Court of Appeal Allows CEQA Challenge to PG&E Tree Removal Project to Proceed, But Finds Claims under Planning & Zoning Law...

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On October 23, the First Appellate District issued its opinion in Save Lafayette Trees v. City of Lafayette et al. (Case No. A154168) finding that Save Lafayette Trees’ (“Save Lafayette”) CEQA challenge to a Pacific Gas and...more

Latham & Watkins LLP

California Appeals Court Dismisses As Moot Litigant’s Challenge to Planned Development Approval

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CEQA Case Report: Understanding the Judicial Landscape for Development - In an unpublished opinion issued February 20, 2018, Advocates for Better Cmty. Dev. v. City of Palm Springs, Case No. E066193, the California Court...more

Latham & Watkins LLP

Dismissal of Low Carbon Fuel Standard (LCFS) Case Appealed Amidst Program Extension

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Appeal in POET II could complicate California Air Resources Board’s proposed LCFS amendments. In the case commonly referred to as POET II, petitioner POET, LLC, a biofuels manufacturer, challenged the Low Carbon Fuel...more

Perkins Coie

Petitioner’s Failure To Comply With Discovery Regarding Its Standing To Sue Results In Dismissal Of CEQA Case

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A CEQA case challenging the City of Wildomar’s approval of a Wal-Mart retail complex has been dismissed because the petitioner refused to comply with discovery requests regarding its standing to sue. Creed-21 v. City of...more

Latham & Watkins LLP

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

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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

Stoel Rives - Environmental Law Blog

UPDATE: Court’s Tentative Decision Sides in Favor of DOGGR in CBD’s Wastewater Injection Lawsuit

Update: September 26, 2016 - On September 21, 2016, the Honorable George C. Hernandez, Jr. issued the final Statement of Decision, which affirmed the tentative decision denying all claims for relief. The court denied...more

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