In Save Livermore Downtown v. City of Livermore (Dec. 28, 2022, Case No. A164987) __ Cal.App.1st __, the First District Court of Appeal held that the City of Livermore (City) did not violate planning and zoning laws when it...more
2/2/2023
/ Administrative Record ,
Affordable Housing ,
Bonds ,
Cal Code of Civil Procedure ,
CEQA ,
Delays ,
Environmental Impact Report (EIR) ,
Housing Developers ,
Real Estate Development ,
Standard of Review ,
Zoning Laws
In a partially published opinion in Save Lafayette v. City of Lafayette (2022) 85 Cal.App.5th 842, the First District Court of Appeal upheld approval of an affordable housing project in the face of the third in a series of...more
On April 20, 2022, the Third District Court of Appeal filed its opinion in We Advocate Through Environmental Review v. County of Siskiyou (2022) 78 Cal.App.5th 683, reversing the trial court’s judgment upholding the County’s...more
On May 11, 2022, the Third District Court of Appeal published its opinion in We Advocate Through Environmental Review v. City of Mount Shasta (2022) 78 Cal.App.5th 629, reversing the decision below and ordering the trial...more
On March 30, 2022, the First District Court of Appeal published its opinion in Save the Hill Group v. City of Livermore (2022) 76 Cal.App.5th 1092, invalidating an Environmental Impact Report (“EIR”) for the Garaventa Hills...more
On March 22, 2022, the Second District Court of Appeal published its Opinion in Buena Vista Water Storage District v. Kern Water Bank Authority, upholding the Environmental Impact Report (EIR) for the Kern Water Bank...more
In September 2021, the Third District Court of Appeal in Sierra Watch v. Placer County reversed a judgement upholding Placer County’s Environmental Impact Report (EIR) for a resort development project in the Olympic (formerly...more
On August 19, 2021, in Save Our Access – San Gabriel Mountains vs. Watershed Conservation Authority, the Second District Court of Appeal, in reversing the lower court’s judgement, upheld an Environmental Impact Report’s...more
On June 11, 2021, Governor Newsom signed Executive Order N-08-21 (the “Order”) that establishes September 30, 2021, as the end date for COVID-19 pandemic-related suspensions for (1) deadlines for filing, noticing, and posting...more
6/17/2021
/ CEQA ,
Coronavirus/COVID-19 ,
Environmental Impact Report (EIR) ,
Executive Orders ,
Filing Deadlines ,
Filing Requirements ,
Governor Newsom ,
Mitigated Negative Declaration ,
Notice Requirements ,
Posting Requirements ,
Public Meetings
In Jan Dunning et al. v. Kevin K. Johnson, APLC et al., the Fourth District Court of Appeal held that a developer and property owner could pursue its claims against a neighbor and project opponent for malicious prosecution...more
5/24/2021
/ Anti-SLAPP ,
CEQA ,
Construction Project ,
Counterclaims ,
Environmental Impact Report (EIR) ,
Evidence ,
Frivolous Lawsuits ,
Land Developers ,
Malicious Prosecution ,
Mitigated Negative Declaration ,
Motion to Dismiss ,
Petition for Writ of Mandate ,
Probable Cause ,
Property Owners
In California Coastkeeper v. State Lands Commission, the Third District Court of Appeal upheld the State Lands Commission’s decision to prepare a supplemental environmental impact report (EIR) for a desalination plant in...more
In an opinion published on August 17, 2020, the Third Appellate District in Martis Camp Community Association v. County of Placer ruled that Placer County had violated CEQA by adopting an addendum to support abandonment of a...more
On Tuesday, February 25, 2020, the Fifth Appellate District invalidated Kern County’s 2015 Oil and Gas Ordinance (the “Ordinance”), which was intended to streamline the permitting process for a variety of oil and gas...more
3/13/2020
/ Appeals ,
CEQA ,
Energy Sector ,
Environmental Impact Report (EIR) ,
Local Ordinance ,
Oil & Gas ,
Petition for Writ of Mandate ,
Pipelines ,
Remand ,
Reversal ,
Zoning Laws
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