News & Analysis as of

California Environmental Quality Act Ralph M. Brown Act

Miller Starr Regalia

Supreme Court Denies Review And Depublishes Troublesome Brown Act/CEQA Exemption Decision

Miller Starr Regalia on

On February 15, 2023, the California Supreme Court denied the petitions for review and issued an order decertifying the Second District Court of Appeal’s controversial (and previously published) opinion in G.I. Industries v....more

Best Best & Krieger LLP

In with the New – Part Five

In Part Five of our “In With the New” series, Best Best & Krieger LLP covers important new legislation related to the Brown Act, environmental matters, and unions. Here we provide takeaways and analyses of AB 2449, SB 1100,...more

Miller Starr Regalia

Supreme Court Extends Time To Decide Petitions For Review In Brown Act/CEQA Exemption Case; Sonoma County Files Depublication...

Miller Starr Regalia on

On January 25, 2023, the California Supreme Court extended to March 3, 2023 its time to grant or deny review of the Second District Court of Appeal’s published opinion in G.I. Industries v. City of Thousand Oaks (2022) 84...more

Perkins Coie

CEQA Categorical Exemption Must Be Agendized under Brown Act

Perkins Coie on

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

Miller Starr Regalia

Petitions for Review Filed In Brown Act/CEQA Exemption Case

Miller Starr Regalia on

On December 5, 2022, the real party in interest (Arakelian Enterprises, Inc. dba Athens Services) and respondent City of Thousand Oaks both filed petitions for review in the California Supreme Court in G.I. Industries v. City...more

Allen Matkins

Court Rules CEQA Determinations Must be Included on Public Meeting Agendas

Allen Matkins on

In March of 2021, the City of Thousand Oaks posted an agenda for its regular City Council meeting in which it was stated that the City would consider awarding a new exclusive solid waste management franchise agreement. During...more

Miller Starr Regalia

Second District Holds Brown Act Requires Lead Agency To List CEQA Exemption As Item of Business On Agenda For Public Meeting When...

Miller Starr Regalia on

In a published opinion filed October 26, 2022, the Second District Court of Appeal (Div. 6) appears to have significantly expanded the reach of both the Brown Act and the procedural requirements of CEQA in holding, on an...more

Allen Matkins

Pandemic-Related Suspension of CEQA Noticing, Posting, Filing, and Tribal Consultation Requirements and Brown Act Meeting...

Allen Matkins on

On September 30, 2021, certain COVID-related suspensions of filing, noticing, and posting deadlines and tribal consultation timelines mandated by the California Environmental Quality Act (CEQA) and CEQA Guidelines and certain...more

Miller Starr Regalia

Hitting A CEQA Snag: Third District Affirms Rejection of Statutory Road Abandonment And Brown Act Challenges And Inverse...

Miller Starr Regalia on

In a published opinion filed on August 17, 2020, the Third District Court of Appeal mostly affirmed the trial court’s judgment upholding Placer County’s partial abandonment of public easement rights in an emergency...more

Latham & Watkins LLP

California Appeals Court: Petitioner Must Show Prejudice for Brown Act Violation

Latham & Watkins LLP on

CEQA Case Report: Understanding the Judicial Landscape for Development - In an unpublished opinion issued January 31, 2018, Citizens for Open & Public Participation v. City of Montebello, Case No. B277060, the California...more

Manatt, Phelps & Phillips, LLP

Real Estate and Land Use - September 2015

Substance Over Form—A Refreshing Application of CEQA Analysis: City of Irvine v. County of Orange (2015) 283 Cal.App.4th 526 - Why It Matters: The Court of Appeal in City of Irvine v. County of Orange elaborated...more

Miller Starr Regalia

CEQA Determination Is Item of Business That Must Be Agendized Under Brown Act, Fifth District Holds

Miller Starr Regalia on

In a partially-published opinion, the Fifth District Court of Appeal held that the Merced County Planning Commission’s failure to mention in its posted agenda that it was considering adoption of a mitigated negative...more

Best Best & Krieger LLP

Local Legislative Bodies Must Expressly Agendize CEQA Documents - County Planning Commission Failed to Include Project-Related...

Overview: The California Court of Appeal recently held that the state’s open meeting law (the Brown Act) requires that, if a document under the California Environmental Quality Act (CEQA) must be approved by a local...more

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