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 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
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
In Berkeley Hills Watershed Coalition v. City of Berkeley (2019) 31 Cal.App.5th 880 [certified for partial publication], the Court of the Appeal for the First District affirmed that the construction of three new single-family...more
4/3/2019
/ Appeals ,
Categorical Exemptions ,
CEQA ,
Construction Industry ,
Construction Project ,
Earthquakes ,
Land-Use Permits ,
Natural Disasters ,
Petition for Writ of Mandate ,
Real Estate Development ,
Residential Property Owners ,
Standard of Review ,
Substantial Risk of Harm ,
Urban Planning & Development ,
Zoning Laws