News & Analysis as of

Environmental Impact Report (EIR) California Environmental Quality Act

CEQA Review of Cannabis Regulations - Comment Period Opens on Draft Program Environmental Impact Report of MCRSA and AUMA

by Best Best & Krieger LLP on

The California Department of Food and Agriculture recently released its CalCannabis Cultivation Licensing Draft Program Environmental Impact Report. The intent of the PEIR is to conduct environmental review of the regulations...more

First Appellate District Holds that Air Quality Management District’s Issuance of “Authority to Construct” May Be Challenged Under...

by Downey Brand LLP on

On May 25, 2017, the First Appellate District published a modified version of its unpublished March 23, 2017 opinion, holding that the Mendocino County Air Quality Management District’s (“MCAQMD”) issuance of an “Authority to...more

Court Confirms CEQA Analysis of Zoning Amendments Limited to Reasonably Foreseeable Development

The California Court of Appeal for the Sixth Appellate District recently held, in Aptos Council v. County of Santa Cruz, 10 Cal. App. 5th 266 (2017) that environmental review under the California Environmental Quality Act...more

First District Holds CEQA Action Can Be Brought Directly Against Local Air District to Challenge “Authority to Construct” Issued...

by Miller Starr Regalia on

In an opinion filed March 23, and belatedly modified and ordered published on May 25, 2017, the First District Court of Appeal reversed the trial court’s dismissal of a plaintiff environmental group’s (“Friends”) CEQA action...more

The California Supreme Court Has a Banner Week, Hearing Argument in Three CEQA and Land Use Cases

by Downey Brand LLP on

On May 3–4, 2017, the California Supreme Court heard oral arguments in three cases with significant implications for California land use law. Below we summarize the main issue(s) argued in each matter and possible outcomes....more

San Mateo Gardens Teaches College District a Lesson on Picking Thorny Subsequent Review Procedure

by Beveridge & Diamond PC on

The California Supreme Court recently addressed an important California Environmental Quality Act (CEQA) issue: Who decides whether CEQA’s subsequent review provisions are applicable when there are changes to an adopted...more

No Surprises Here: First District Applies CEQA Subsequent Review Standards Mandated by Supreme Court on Remand, Again Affirms...

by Miller Starr Regalia on

When all was said and done, it was a case of “same wine, different bottle” for Defendant and Appellant San Mateo Community College District (“District”) after the First District Court of Appeal’s published May 5, 2017...more

Supreme Court of California Ruling Elevates Responsible Agency Role Under CEQA - City's EIR Erred by Failing to Fully Disclose and...

by Holland & Knight LLP on

In Banning Ranch Conservancy v. City of Newport Beach, et al., the Supreme Court of California held that lead agencies need to expressly disclose and consider the jurisdictional claims and regulatory opinions of responsible...more

Land Use Matters: A Publication of Alston & Bird's Land Use Group

by Alston & Bird on

Land Use Matters provides information and insights into legal and regulatory developments, primarily at the Los Angeles City and County levels, affecting land use matters, as well as new CEQA appellate decisions. Please...more

Third District Finds that EIR for Residential Development Inadequately Assessed Traffic Impacts

by Downey Brand LLP on

Cities charged with preparing EIRs for proposed projects often look to their general plans and other adopted policies to set thresholds of significance for assessing environmental impacts. A lead agency’s discretion to select...more

Banning Ranch Conservancy v. City of Newport Beach

by Downey Brand LLP on

On March 30, 2017, in the first of at least three CEQA rulings expected this year, the California Supreme Court issued its long-awaited decision in Banning Ranch Conservancy v. City of Newport Beach. In a unanimous opinion...more

First Quarter CEQA Update in Under 60 Seconds

by Stoel Rives LLP on

Okay, maybe slightly longer than 60 seconds. The point being, though, that CEQA case updates really should not read like law school case briefs. Long discussion of the lower court’s findings? No thank you. ...more

California Supreme Court Invalidates EIR for Coastal Mixed-Use Development

by Snell & Wilmer on

The California Supreme Court’s recent decision in Banning Ranch Conservancy v. City of Newport Beach, ___ Cal. 4th ___ (2017) (Case No. S227473, Mar. 30, 2017) serves as a cautionary reminder that–as stated by the Court...more

California Supreme Court: CEQA Requires Study of Potential Impacts to ESHA

by Latham & Watkins LLP on

Lead agencies cannot ignore the Coastal Act’s ESHA requirements in CEQA documents and defer analysis for later Coastal Commission review. Key Points: ..CEQA requires an EIR to identify potential environmentally...more

Sixth District Rejects “Piecemealing” and Other CEQA Challenges to Ordinances Enacted Pursuant to Santa Cruz County’s Zoning...

by Miller Starr Regalia on

Like the fable of the blind men and the elephant, CEQA’s prohibition on “piecemealing” of environmental review is animated by a basic recognition that the “whole” of an action under review is greater than its individual parts...more

California Supreme Court Holds Banning Ranch EIR Violates CEQA by Failing to Identify and Analyze Coastal Zone Project’s Impacts...

by Miller Starr Regalia on

In a unanimous 29-page opinion authored by Associate Justice Carol Corrigan, and filed on March 30, 2017, the California Supreme Court held the City of Newport Beach’s EIR for a large mixed-use development project proposed on...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

Fourth Appellate District Upholds EIR for 200-Acre Specific Plan Development in Riverside County

by Downey Brand LLP on

In its February 14 decision (certified for publication on March 15) in Residents Against Specific Plan 380 v. County of Riverside, the Fourth Appellate District upheld the County of Riverside’s (“County’s”) approval of a...more

Ballot Box Alternatives To CEQA And Land Use Litigation: Recent Developments In The Law Of Initiatives And Referenda

by Miller Starr Regalia on

Land use litigators know that CEQA provides a potent weapon to challenge local government decisions affecting land use and development. It is often easy to plead a CEQA claim challenging such decisions, and CEQA will...more

Land Use Matters, Alston & Bird LLP, March 2017

by Alston & Bird on

Land Use Matters provides information and insights into legal and regulatory developments, primarily at the Los Angeles City and County levels, affecting land use matters, as well as new CEQA appellate decisions. Please...more

Supreme Court Denies Depublication Requests in CEQA Traffic LOS Impact Case

by Miller Starr Regalia on

On February 15, 2017, the California Supreme Court denied numerous requests for depublication and declined to review on its own motion the decision in East Sacramento Partnership for a Livable City v. City of Sacramento (3d...more

Another One Bites the Dust: Supreme Court Denies Review and Depublishes Sixth District’s SMARA/CEQA Opinion Upholding Permanente...

by Miller Starr Regalia on

On December 14, 2016, the California Supreme Court denied review and ordered depublished the Sixth District Court of Appeal’s opinion in Bay Area Clean Environment, Inc. v. Santa Clara County, which was previously filed on...more

CalEnviroScreen 3.0 – Still the Wrong Tool for CEQA Review

On January 9, 2017, the California Environmental Protection Agency (CalEPA) and Office of Environmental Health Hazard Assessment (OEHHA) released an “Update to the California Communities Environmental Health Screening Tool,”...more

Utility-Scale Battery Storage Systems: Legal Issues and Opportunities

Federal and state government mandates and incentives, combined with technological advances, have dramatically increased renewable energy sources during the past decade. Variable renewable energy sources such as solar and wind...more

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