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
Uncertainty has long reigned over the reach of the federal Clean Water Act, which applies to “navigable waters,” defined by statute only as “waters of the United States.” Over the last several decades of debate about federal...more
5/1/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
NPDES ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
Taking the next step in its efforts to streamline the environmental review process for projects under federal jurisdiction, the White House Council on Environmental Quality (CEQ) published proposed regulations on January 10...more
1/14/2020
/ CEQ ,
Congressional Review Act ,
Environmental Assessments ,
Environmental Policies ,
Environmental Review ,
Fixing America’s Surface Transportation Act (FAST Act) ,
NEPA ,
Notice of Intent ,
Proposed Rules ,
Public Comment ,
Rulemaking Process
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
A lead agency was not required to evaluate the housing-related impacts of a proposed hotel in a vacant building that was formerly used for rental housing. Hollywoodians Encouraging Rental Opportunities v. City of Los Angeles,...more
In a recent decision, the U.S. Court of Appeals for the D.C. Circuit struck down key portions of a 2018 order by the Federal Communications Commission that would have exempted certain small wireless facilities from...more
8/15/2019
/ 5G Network ,
Administrative Procedure Act ,
Amended Rules ,
Environmental Review ,
FCC ,
Historic Preservation ,
National Historic Preservation Act ,
NEPA ,
Telecommunications ,
Tribal Lands ,
Vacated ,
Wireless Facilities ,
Wireless Industry
An inverse condemnation challenge to a permit denial is not ripe until the government makes a final determination regarding the scope of allowable development on a plaintiff’s property, the California Court of Appeal held in...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
The Council on Environmental Quality published draft guidance June 26, 2019, on how to assess greenhouse gas emissions under the National Environmental Policy Act, the law that requires environmental impact assessment for...more
Local governments may require a permit conditioned on compatibility with aesthetic standards to install and maintain wireless communications infrastructure in the public right-of-way, the California Supreme Court held in...more
4/25/2019
/ CA Supreme Court ,
Infrastructure ,
Land-Use Permits ,
Local Aesthetic Regulations ,
Local Ordinance ,
Preemption ,
Public Utilities Commission ,
Public Utility ,
Right of Way ,
Telecommunications ,
Wireless Facilities
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
Twenty years was a reasonable period of time for a public agency to accept a right-of-way dedication offer by physically occupying the property. Prout v. Department of Transportation, 31 Cal. App. 5th 200 (2019).
Prout...more
2/27/2019
/ Breach of Contract ,
Cross-Complaints ,
Deeds ,
Encroachments ,
Exactions ,
Highways ,
Inverse Condemnation ,
Occupancy ,
Promissory Estoppel ,
Property Dedication ,
Public Agencies ,
Residential Property Owners ,
Right of Way ,
Specific Performance ,
Statute of Limitations ,
Subdivision ,
Takings Clause
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
A federal court recently prohibited the U.S. Department of the Interior from approving any plans or permits for offshore fracking off the California coast until it complies with the Endangered Species Act (ESA) and the...more
The Environmental Protection Agency and the Army Corps of Engineers announced a proposed rule to redefine the term “waters of the United States” under the Clean Water Act on December 11, 2018. The proposed rule, which awaits...more
12/18/2018
/ Bright-Line Rule ,
Certiorari ,
Clean Water Act ,
Clean Water Rule ,
Comment Period ,
Environmental Protection Agency (EPA) ,
Jurisdiction ,
NEPA ,
Proposed Regulation ,
Proposed Rules ,
SCOTUS ,
Trump Administration ,
US Army Corps of Engineers ,
Water ,
Waters of the United States
In a unanimous decision with immediate repercussions for the administration of the Endangered Species Act (ESA), the U.S. Supreme Court held that an area is eligible for designation as critical habitat under the ESA only if...more
11/30/2018
/ Appeals ,
Conservation ,
Critical Habitat ,
Economic Impact Analysis ,
Endangered Species Act (ESA) ,
Judicial Review ,
Private Property ,
SCOTUS ,
Statutory Interpretation ,
US Fish and Wildlife Service ,
Weyerhaeuser Company v United States Fish and Wildlife Service
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
In the latest decision in the long-running legal saga over the proposed Newhall Ranch development in Los Angeles County, the U.S. Court of Appeals for the Ninth Circuit upheld the Army Corps of Engineers’ EIS and Section 404...more
10/17/2018
/ Appeals ,
Clean Water Act ,
Endangered Species Act (ESA) ,
Environmental Impact Report (EIR) ,
Navigable Waters ,
NEPA ,
Scientific Evidence ,
Section 404 ,
Standing ,
State Department of Fish and Wildlife ,
Stormwater Discharge Permits ,
US Army Corps of Engineers ,
Wastewater ,
Water Quality
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
The Council on Environmental Quality yesterday issued an advance notice of proposed rulemaking inviting input on potential changes to the CEQ regulations under the National Environmental Policy Act, the federal law that...more
On April 9, 2018, the heads of a dozen federal agencies executed a memorandum of understanding on implementation of Executive Order 13807, which directed federal agencies to expedite environmental review and permitting for...more