The California Court of Appeal’s recent decision in V Lions Farming, LLC v. County of Kern provides important clarity on the use of agricultural conservation easements (ACEs) for mitigating the conversion of agricultural land...more
2/5/2025
/ Agribusiness ,
Agricultural Sector ,
California ,
CEQA ,
Conservation ,
Department of Environmental Quality ,
Environmental Impact Report (EIR) ,
Environmental Policies ,
Mitigation ,
Oil & Gas ,
Real Estate Development ,
Regulatory Agenda ,
State and Local Government ,
Urban Planning & Development
This article summarizes some of the most significant amendments to the California Environmental Quality Act (CEQA) that were enacted in 2023. Some housing laws that relate to CEQA are discussed in the article, “Recently...more
Two laws enacted in 2023 as part of Governor Gavin Newsom’s infrastructure streamlining package are intended to facilitate development of certain energy, water resources, transportation, semiconductor manufacturing, and other...more
Senate Bill (SB) 1227, introduced by Senator Scott Wiener on February 15, 2024, would help speed the recovery of downtown San Francisco by creating a new CEQA exemption for qualifying commercial, institutional, student...more
The State Water Resources Control Board’s registrations of small water diversions are ministerial projects and hence exempt from CEQA. As such, allegedly erroneous registrations cannot be challenged under CEQA. Mission Peak...more
In Protect Tustin Ranch v. City of Tustin, 70 Cal. App. 5th 951 (2021), the court of appeal upheld a city’s reliance on the infill development categorical exemption under CEQA for a new gas station in an existing shopping...more
In Santa Clara Valley Water District v. San Francisco Bay Regional Water Quality Control Board, No. A157127, 2020 WL 7706795 (Cal. Ct. App. Dec. 29, 2020), the court ruled that CEQA does not constrain an agency’s authority to...more
The First District Court of Appeal ruled that CEQA does not constrain an agency’s authority to administer and enforce any other laws, including those authorizing imposition of mitigation requirements. Thus, even after an EIR...more
After a public agency approves a project, the agency’s actions to implement the project—in this case, applying for and accepting a streambed alteration agreement from the California Department of Fish and Wildlife—are not...more
An agency could be equitably estopped from relying on the 35-day statute of limitations applicable to a CEQA Notice of Exemption where the agency had misled the public into expecting the agency would instead circulate a Final...more
Automobile delay (as measured solely by roadway capacity or traffic congestion) cannot constitute a significant environmental impact, even for projects that were approved before the new CEQA guidelines on transportation...more
Unsubstantiated opinions from purported experts are not enough to require preparation of an EIR, the court of appeal recently held in Maacama Watershed Alliance v. County of Sonoma, 40 Cal. App. 5th 1007 (2019), a case in...more
An agency’s failure to maintain a historic building—“demolition by neglect”—is not a “project” subject to CEQA. Lake Norconian Club Foundation v. California Department of Corrections and Rehabilitation, No. A154917 (First...more
10/2/2019
/ Appeals ,
CEQA ,
Demolition ,
Department of Corrections ,
Duty to Act ,
Failure To Maintain ,
Historic Preservation ,
Historical Landmarks ,
Historical Rehabilitation ,
Hotels ,
NEPA ,
Statute of Limitations
The California Supreme Court clarified what activities are subject to CEQA in its recent decision in Union of Medical Marijuana Patients, Inc. v. City of San Diego, No. S238563, 2019 WL 3884465 (Aug. 19, 2019). First, the...more
Planning and zoning decisions by a non-legislative body or public official authorized under a municipal code are subject to the 90-day statute of limitations of Government Code section 65009(c)(1), the court of appeal ruled...more
A court challenge to a local agency’s decision to grant a coastal development permit becomes moot when the Coastal Commission accepts an appeal of the decision, the California court of appeal ruled in Fudge v. City of Laguna...more
A Summary of Published Appellate Opinions Under the California Environmental Quality Act -
The California Supreme Court issued its only CEQA opinion of 2018 at the end of the year. In Sierra Club v. County of Fresno, the...more
1/14/2019
/ Air Quality Standards ,
Appeals ,
Attorney's Fees ,
Building Permits ,
CA Supreme Court ,
Carbon Emissions ,
CEQA ,
Environmental Impact Report (EIR) ,
Environmental Policies ,
Excessive Noise ,
Exemptions ,
Final Judgment ,
General Plan ,
Greenhouse Gas Emissions ,
Historic Preservation ,
Housing Developers ,
Mitigated Negative Declaration ,
Mixed-Use Zoning ,
Oil & Gas ,
Railroads ,
Railways ,
Real Estate Market ,
Regulatory Oversight ,
Res Judicata ,
Risk Mitigation ,
Sierra Club v County of Fresno ,
Standard of Review ,
Statute of Limitations ,
Substantial Evidence Standard ,
Tenants ,
Traffic Impact Assessments ,
Trucking Industry ,
Urban Planning & Development
The California Court of Appeal rejected a facial challenge to the EIR addendum process, and held that an agency is not required to make new findings in connection with approval of an EIR addendum. Save Our Heritage...more
Claims of significant noise impact unsupported by expert opinion, fact, or reasonable inference did not provide grounds for challenging a negative declaration, the court of appeal held in Jensen v. City of Santa Rosa, 23 Cal....more
A certified regulatory program, which is exempt from some of CEQA’s requirements, must still comply with CEQA’s core policies and standards, which include considering feasible alternatives and cumulative impacts and...more
12/27/2017
/ CEQA ,
Economic Impact Analysis ,
Environmental Impact Report (EIR) ,
Environmental Policies ,
Pesticides ,
Petition for Writ of Mandate ,
Product Labels ,
Regulatory Oversight ,
Regulatory Standards ,
Remand ,
State and Local Government ,
Toxic Chemicals
A draft EIR that studies five very different project alternatives without identifying a preferred alternative violates CEQA by failing to provide the public with a stable project to review, the court of appeal held in Washoe...more