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Wal-Mart California Environmental Quality Act

Perkins Coie

Court of Appeal Holds that Petition Challenging Wal-Mart Project is Barred by Earlier Lawsuit Raising the Same Issues

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The court of appeal held that the plaintiff’s challenge to the City of Rohnert Park’s reapproval of a Wal-Mart grocery store was barred by the doctrine of res judicata because a prior proceeding had raised the same issues. ...more

Miller Starr Regalia

Second General Plan Consistency Challenge to Re-Approval of Wal-Mart Expansion Project Fails on Procedural Grounds

Miller Starr Regalia on

On September 26, 2018, the First District Court of Appeal partially published Atwell v. City of Rohnert Park, __ Cal.App.5th __ (2018) (Case Nos. A151896, A153011), a decision originally filed on September 18, 2018,...more

Holland & Knight LLP

California Court of Appeal Affirms Case-Ending Sanction in CEQA Lawsuit - Decision Signals Re-Examination of Standing Requirements...

Holland & Knight LLP on

• In Creed-21 v. City of Wildomar et al., the California Court of Appeal, Fourth Appellate District, upheld a lower court's dismissal of a California Environmental Quality Act (CEQA) case filed by a plaintiff's attorney who...more

Perkins Coie

Petitioner’s Failure To Comply With Discovery Regarding Its Standing To Sue Results In Dismissal Of CEQA Case

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A CEQA case challenging the City of Wildomar’s approval of a Wal-Mart retail complex has been dismissed because the petitioner refused to comply with discovery requests regarding its standing to sue. Creed-21 v. City of...more

Miller Starr Regalia

Fifth District Denies Rehearing, Corrects Published Opinion And Judgment In Consolidated City of Ceres Appeals To Reflect...

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It’s always nice not to lose a hard-won prevailing party cost award due to a court’s imprecise use of party designations – which can get confusing where there are multiple appeals at issue. On October 4, 2016, the Fifth...more

Best Best & Krieger LLP

CEQA Allows Developers to Recover Administrative Record Costs when Reimbursing Agency

Appellate Victory for Developers and Public Agencies - A developer can recover the cost of preparing a California Environmental Quality Act administrative record, even when the lead agency, not the developer, actually...more

Snell & Wilmer

Developer Awarded Cost of Preparing Administrative Record in CEQA Lawsuit

Snell & Wilmer on

Lawsuits under the California Environmental Quality Act (“CEQA”) typically proceed as petitions for administrative mandamus. This means the petitioner is asking the court to review an agency’s decision and ultimately issue a...more

Miller Starr Regalia

Fourth District Holds Wal-Mart Victorville Project EIR Violates CEQA; Project Approval Findings Violate Map Act; And Project Is...

Miller Starr Regalia on

In a decision filed May 25, and belatedly ordered published June 15, 2016, the Fourth District Court of Appeal affirmed and reversed in part a judgment of the San Bernardino County Superior Court. It affirmed the judgment to...more

Snell & Wilmer

How to avoid CEQA environmental review by ballot initiative

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The World Logistics Center is a massive project – 41 million square feet of logistics facilities located on 2,300 acres in Moreno Valley, California. The project has undergone environmental review for years, culminating in an...more

Perkins Coie

Supplement — Curtin’s California Land Use

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This Supplement is intended for use in conjunction with Curtin’s California Land Use & Planning Law, Thirty-Fourth Edition (2014), authored by Perkins Coie attorneys Cecily Talbert Barclay and Matthew S. Gray. In lieu of...more

Manatt, Phelps & Phillips, LLP

Supreme Court Opens Escape Path From CEQA Via Citizens Initiative – Tuolumne Jobs & Small Business Alliance v. Superior Court

Why it matters: Project proponents may avoid CEQA altogether by gathering sufficient voter signatures and then having the local City Council approve the proposed project, without submitting the measure to a vote of the...more

Nossaman LLP

California Supreme Court Holds No CEQA Review Required for a Voter Initiative-Sponsored Ordinance

Nossaman LLP on

In a relatively short decision, the California Supreme Court held in Tuolumne Jobs & Small Business Alliance v. Superior Court of Tuolumne County (Tuolumne Jobs) that the California Environmental Quality Act (CEQA) does not...more

Best Best & Krieger LLP

Decision: Voter-Sponsored Local Land Use Initiatives Not Subject to Environmental Review

The proposed expansion of a Wal-Mart store into a Wal-Mart Supercenter in the City of Tuolumne, Calif. yielded a California Supreme Court decision that says city councils need not comply with CEQA before adopting a...more

Stoel Rives LLP

Supreme Court Confirms CEQA Exemption for Voter-Sponsored Initiatives

Stoel Rives LLP on

In Tuolumne Jobs & Small Business Alliance v. Superior Court, No. S207173 (Supreme Court, Aug. 7, 2014), the California Supreme Court ruled that the California Environmental Quality Act (CEQA) does not apply when a lead...more

Sheppard Mullin Richter & Hampton LLP

No CEQA Review Required For Initiative Measures, Whether Adopted By City Council Or Voters

The Supreme Court of California has held that CEQA review was not required before the Sonora City Council adopted an initiative measure approving a specific plan for expansion of a Wal-Mart store. The court held that: the...more

Miller Starr Regalia

California Supreme Court Holds CEQA Inapplicable To City’s Adoption Of Qualified Voter Initiative Approving Wal-Mart “Supercenter”...

Miller Starr Regalia on

In a concise 15-page opinion filed August 7, 2014, the California Supreme Court reversed the Fifth District Court of Appeal’s judgment which had held that a city may not adopt a voter-sponsored initiative with potential...more

Miller Starr Regalia

Estopping the “Revolving Door” CEQA/Land Use Plaintiff: Roberson v. City of Rialto Holds Different Plaintiffs Litigating To...

Miller Starr Regalia on

In a decision ordered published on June 17, 2014, nearly a month after it was originally filed, the Fourth District Court of Appeal addressed a key element of the related doctrines of res judicata and collateral estoppel –...more

Morrison & Foerster LLP

Nothing in Common: Fifth District Court of Appeal Rejects City-Applicant Protections for Pre-Project Approval CEQA Communications

Inserting uncertainty in the already murky area of the scope of the administrative record under the California Environmental Quality Act (CEQA), California’s Fifth District Court of Appeal has held that pre-project approval...more

Allen Matkins

California Environmental Law and Policy Update - March 22, 2013

Allen Matkins on

In This Issue: Environmental and Policy Focus - U.S. top court rules for timber industry over road runoff; U.S. Supreme Court grants review of plan by forest service to manage Sierra Nevada; Federal Appeals Court...more

Miller Starr Regalia

Supreme Court Will Review CEQA Decision From Fifth District In Wal-Mart Citizen Initiative Case

Miller Starr Regalia on

After receiving three separate petitions for review, including petitions from real parties Wal-Mart Stores, Inc. and the City of Sonora, the California Supreme Court voted unanimously on February 13, 2013 to grant review of...more

Perkins Coie

CEQA Year In Review 2012

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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

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