In a partially published opinion filed March 29, 2024, the First District Court of Appeal (Div. 4) rejected contentions that the pre-judgment completion of construction of a shooting range mooted a CEQA challenge to the...more
Introduction And Overview -
On August 19, 2019, the California Supreme Court issued its unanimous 38-page opinion, authored by Chief Justice Cantil-Sakauye, in the CEQA “project definition” case we’ve been tracking with...more
8/24/2019
/ CA Supreme Court ,
CEQA ,
City Planning Departments ,
Dispensaries ,
Environmental Impact Report (EIR) ,
Local Ordinance ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
State and Local Government ,
Zoning Laws
In an opinion filed December 18, 2018, and later ordered published on January 10, 2019, the First District Court of Appeal affirmed a judgment denying appellant citizen groups’ writ petition challenging the City of St....more
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
When California local governments stretch their resources too far to regulate private conduct and property rights in the name of environmental protection, CEQA can make it quite onerous to undo what has been done. And one can...more
On May 7, 2015, the Sixth District Court of Appeal filed a published opinion addressing numerous issues of interest under CEQA’s “fair argument” test for preparing an Environmental Impact Report (“EIR”). Keep Our Mountains...more
Perhaps foremost among the judicially recognized fundamental constraints on lead agencies’ power to impose various types of mitigation measures on project approvals in the CEQA process is the “doctrine of unconstitutional...more
11/19/2014
/ Appeals ,
CEQA ,
Collateral Estoppel ,
Dolan v City of Tigard ,
Landlords ,
Local Ordinance ,
Mitigation ,
Nollan v California Coastal Commission ,
Relocation ,
San Francisco ,
Tenants
Spring is here, and it seems the judicial, legislative and executive branches of government have all been busy trying to “clean up” CEQA and related areas of the law in one way or another. Recent items of interest...more