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A Court of Appeal held that the CEQA statute of limitations period does not begin to run after the filing of an initial notice of determination if the project is appealed. Central for Biological Diversity v. County of San...more
The Sixth District Court of Appeal filed on July 24, and later certified for publication on August 6, 2024, its opinion in Center for Biological Diversity et al. v. County of San Benito, et al. (2024) __ Cal.App.5th __. The...more
In a published opinion filed on January 17, 2024, the Second District Court of Appeal (Div. 5) reversed a trial court judgment overturning a mitigated negative declaration (MND) and requiring an EIR for a 42-single family...more
A court of appeal held a CEQA challenge time-barred because it was not commenced within 30 days after a Notice of Determination (NOD) was filed for approval of a subdivision map based upon a Mitigated Negative Declaration...more
In Guerrero et al v. City of Los Angeles (January 17, 2024, No. B326033 c/w B327032) ___Cal.App.5th___, the Second District Court of Appeal held that the project opponents did not timely file their CEQA lawsuit. The...more
In Committee to Relocate Marilyn v. City of Palm Springs (Feb. 23, 2023, D080907) __Cal.App.5th__ [2023 Cal. App. LEXIS 120], the Fourth District Court of Appeal held that the petition filed by the Committee to Relocate...more
In a published opinion filed on February 23, 2023, the Fourth District Court of Appeal reversed a judgment of dismissal after the sustaining of a demurrer and held that an amended writ petition challenging a city’s street...more
As all CEQA practitioners know, a prospective petitioner in a writ proceeding challenging a CEQA determination must first exhaust available administrative remedies as a prerequisite to filing suit. But which remedies are...more
In American Chemistry Council v. Dept. of Toxic Substances Control (Nov. 18, 2022, F082604) __Cal.App.4th__ [2022 Cal. App. LEXIS 1004], the Fifth District Court of Appeal found a CEQA challenge to the regulatory decision of...more
The First District Court of Appeal filed on June 30, and later ordered published on July 26, 2022, its opinion in County of Mono v. City of Los Angeles (1st Dist. No. A162590) __ Cal.App.5th __. The case involves another...more
On June 1, 2022, the Sixth District Court of Appeal, in response to a request for publication, ordered that its previously unpublished May 9, 2022 opinion in Committee for Sound Water and Land Development v. City of Seaside...more
As the world continues to dig out from the aftermath of the Covid 19 pandemic, the aftereffects of the earliest phase of lockdowns continue to be felt, including in the world of CEQA litigation. While this blog does not...more
A Summary of Published Appellate Opinions Under the California Environmental Quality Act - Introduction - The courts issued relatively few published CEQA decisions in 2021, with no California Supreme Court activity and...more
In the first reported interpretation of a 2021 amendment to CEQA’s statute of limitations provisions, the First District Court of Appeal addressed “whether an action against a lead agency must be dismissed–despite being filed...more
The Court of Appeal held that a CEQA challenge to a decision approving removal of trees adjacent to PG&E gas pipelines was time-barred because an agreement to toll the statute of limitations did not include PG&E, which was an...more
In a published opinion filed October 21, 2021, the First District Court of Appeal affirmed the trial court’s order finding the real party developers of a UC Berkeley campus development project – undertaken for the...more
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
In a published opinion filed June 30, 2021, the First District Court of Appeal applied well-established CEQA statute of limitations rules, and a “persuasive dictum” from one of its prior decisions addressing the requirements...more
In a published opinion filed February 9, 2021, the Sixth District Court of Appeal affirmed the trial court’s judgment dismissing a CEQA action challenging the EIR and project approvals for two development options (1.2 million...more
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
In Organizacion Comunidad de Alviso v. City of San Jose, the Sixth Appellate District held that the relation back doctrine was inapplicable where a plaintiff received constructive notice of a defendant’s identity months prior...more
A Summary of Published Appellate Opinions Involving the California Environmental Quality Act - Despite relatively few published opinions this year, there were significant appellate court rulings on a range of topics,...more
In late September, Governor Newsom signed Executive Order N-80-20 (“EO 80-20”), which, among other things, extends the protections of a handful of previously issued executive orders related to COVID-19. As relevant to CEQA...more
As we previously reported, on April 6, 2020, the California Judicial Council adopted an emergency rule suspending (or “tolling”) the running of statutes of limitations on civil claims during the state of emergency declared by...more
On April 6, 2020, the Judicial Council of California (Council) adopted a court rule that tolled statutes of limitations for all civil causes of action until 90 days after the Governor declares that the state of emergency is...more