News & Analysis as of

San Francisco Beautiful CEQA Decision Interpreting Class 3 Categorical Exemption For Installation of Small Structures Is Ordered...

On May 30, 2014, the Court of Appeal for the First Appellate District (Division 4) filed its order denying rehearing and granting the requests of real party in interest AT&T, Verizon, Remy Moose Manley and others to publish...more

Court Approves San Francisco's Use of Class 3 CEQA Exemption for Telecommunications Project

Opinion clarifies when projects involving the construction of hundreds of new small utility structures may be exempt from environmental review - The California Court of Appeal upheld San Francisco’s determination that...more

Court of Appeal Finds Unusual Circumstances Exception Inapplicable

Citizens for Environmental Responsibility, Stop the Rodeo and Eric Zmost ("Appellants"), challenged the 14th District Agricultural Association’s (“Association”) approval of a Class 23 CEQA Exemption for a rodeo (“Project”)...more

Court Applies Limitations on Unusual Circumstances Exception to CEQA Categorical Exemptions

The Third District Court of Appeal recently applied a standard of review that gives more certainty to project proponents relying on a California Environmental Quality Act categorical exemption. The decision in Citizens for...more

Specific Plan EIRs and Exemptions for Follow-On Actions

The 2013 legislative session began with high hopes that California’s landmark environmental law – the California Environmental Quality Act (CEQA) – would be reformed. Developers, builders, and public agencies across the state...more

AB 417 Adds Statutory CEQA Exemption for Bicycle Transportation Plans

On October 7, 2013, Governor Jerry Brown signed into law Assembly Bill 417 (“AB 417”) authored by Assembly Member Jim Frazier (D-Oakley) that streamlines the CEQA process for bicycle transportation plans. ...more

First District Holds CEQA Categorical Exemptions For Regulatory Agency Actions To Protect The Environment Apply To Marin County’s...

After years of study, Marin County adopted an Ordinance in 2011 banning single-use plastic bags and mandating a 5-cent fee on single-use paper bags; the ordinance applies to roughly 40 retailers in the unincorporated county....more

CEQA Challenge To Residential Development Project Was Time-Barred Because It Was Subject To 30-Day Statute Of Limitations

A challenge to a city’s approval of a residential development project was filed more than 30 days after the city approved the project. The trial court held that the California Environmental Quality Act (“CEQA”) challenge was...more

Court Upholds CEQA Exemption for Residential Development - Minor Project Tweaks and New Greenhouse Gas Thresholds Don’t Trigger...

In a recent case involving the California Environmental Quality Act, a state appellate court upheld a city’s decision to exempt from environmental review a residential development because it was consistent with a broader...more

CEQA Year In Review 2012

In This Issue: - Project Approvals Triggering CEQA ..Chung v City of Monterey Park (2012) 210 CA4th 394 ..Tuolumne Jobs and Small Business Alliance v Superior Court) 210 CA4th 1006 (petition for review pending,...more

Supreme Court Case Involving CEQA’s “Unusual Circumstances” Exception to Categorical Exemptions Now Fully Briefed by Parties;...

The Respondent City of Berkeley and Real Parties (Kapors) filed their joint Reply Brief on the Merits in the California Supreme Court in a much-watched categorical exemption case, Berkeley Hillside Preservation, et al. v....more

Judicial Review Of CEQA Categorical Exemptions From 1997-Present

This report reviews all California Court of Appeal and Supreme Court decisions that have analyzed categorical exemptions under the California Environmental Quality Act (CEQA) from 1997 through the present. This research was...more

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