News & Analysis as of

Environmental Impact Report (EIR) California Environmental Quality Act San Diego

Miller Starr Regalia

Ocean Views Matter: Fourth District Holds Program EIR For Community Plan Update Didn’t Consider Potentially Significant View...

Miller Starr Regalia on

In a published opinion filed June 23, 2023, the Fourth District Court of Appeal (Div. 1) affirmed a judgment granting a writ of mandate directing the City of San Diego (City) to set aside its approvals of an ordinance...more

Perkins Coie

Court Upholds Class 1 Exemption for Improvements to Amusement Park in City of San Diego

Perkins Coie on

The court of appeal found that an amended and restated lease requiring upgrades and improvements to an existing amusement park was exempt from the requirements of CEQA under the Class 1 exemption. San Diegans for Open...more

Manatt, Phelps & Phillips, LLP

Real Estate and Land Use - January 2016

Using Project Objectives to Select a Reasonable Range of Alternatives - North Coast Rivers Alliance v. A.G. Kawamura (January 4, 2016) Third District Court of Appeal Case No. C072067 - Why It Matters: This opinion...more

Best Best & Krieger LLP

Uncertainty of Legislative Earmarks Not Enough to Deem Mitigation Infeasible

California Supreme Court Takes on CEQA Issue in State College Expansion Project - State agencies cannot declare mitigation infeasible for construction projects on the grounds that the California Legislature has not — and...more

Allen Matkins

State Agencies Cannot Declare Mitigation of Project Impacts Infeasible Based Solely on the Lack of Legislative Appropriations

Allen Matkins on

A public agency may not rely solely on a request to the Legislature to appropriate funding to mitigate a project's adverse environmental impacts and conclude that mitigation is infeasible because the funding cannot be...more

Miller Starr Regalia

SANDAG Seeks Review of CEQA Decision Invalidating EIR for Its Regional Transportation Plan/Sustainable Communities Strategy

Miller Starr Regalia on

On January 6, 2015, the San Diego Association of Governments (SANDAG) filed a petition asking the California Supreme Court to review the decision in Cleveland National Forest Foundation, et al. v. San Diego Association at...more

Nossaman LLP

San Diego MPO's Analysis Of RTP's Greenhouse Gas Emissions Rejected

Nossaman LLP on

In a decision with implications for all transportation projects in California, the California Court of Appeal held that the analysis of greenhouse gas emissions from transportation projects in a metropolitan transportation...more

Manatt, Phelps & Phillips, LLP

Real Estate and Land Use - December 2014

San Diego Regional Sustainable Strategies Plan Invalidated; SANDAG Has Requested Supreme Court Review - Cleveland National Forest Foundation et al. v. San Diego Association of Governments (November 24, 2014) Fourth...more

Sheppard Mullin Richter & Hampton LLP

Fourth District’s Split Decision Further Complicates CEQA Requirements Surrounding GHG Impact Analysis and Mitigation Measures –...

Cleveland National Forest Foundation v. San Diego Association of Governments (11/24/14, D063288) - In a split decision on November 24, 2014, the Fourth District California Court of Appeal invalidated the program EIR...more

Miller Starr Regalia

Fourth District Publishes Another CEQA Decision Setting Aside San Diego Lead Agency’s EIR For Failure To Analyze And Mitigate GHG...

Miller Starr Regalia on

Having seen years of their lofty regional planning efforts come crashing back to Earth, San Diego government entities have had little to be thankful about so far this holiday season on the CEQA front. In an October 29...more

Miller Starr Regalia

Analysis Of GHGs Under CEQA Just Got More Complex: Fourth District’s Split Decision Invalidates Program EIR For SANDAG’s 2050...

Miller Starr Regalia on

In a 2-1 published opinion filed November 24, 2014, the Fourth District Court of Appeal, Division 1, affirmed and modified the trial court’s judgment granting writ petitions by plaintiff groups challenging the EIR for the San...more

Perkins Coie

EIR For SANDAG’s Regional Transportation Plan Rejected By Court Of Appeal

Perkins Coie on

In a long-awaited 2-1 decision, a court of appeal overturned the environmental impact report for the San Diego Association of Governments’ 2050 Regional Transportation Plan and Sustainable Communities Strategy. Cleveland...more

Snell & Wilmer

CEQA Lawsuit to Enforce Climate Change Mitigation Measure Prevails

Snell & Wilmer on

On October 29, 2014 the California Court of Appeal affirmed a trial court’s judgment enforcing a mitigation measure adopted by a county in its program environmental impact report (PEIR). As of the date of this blog post,...more

Manatt, Phelps & Phillips, LLP

Real Estate and Land Use - Sep 2014

Evidence of Economic Infeasibility of CEQA Alternatives Explained (SPRAWLDEF v. San Francisco Bay Conservation and Development Commission) - Why it matters: In upholding the approval of a 260-acre expansion to the...more

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