News & Analysis as of

CA Supreme Court California Environmental Quality Act Standard of Review

Miller Starr Regalia

California Supreme Court Denies Depublication Requests In Livermore CEQA Case Addressing “No Project” Alternative

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On July 13, 2022, the California Supreme Court denied numerous depublication requests with respect to, and declined to review on its own motion, the First District Court of Appeal’s decision in Save the Hill Group v. City of...more

Miller Starr Regalia

Supreme Court Denies Review And Depublishes CEQA Subsequent Review/“Spot-Zoning” Case Involving Partially Built Los Angeles Target...

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On November 20, 2018, in response to a petition for review filed by the Target Superstore project’s opponent, plaintiff (and respondent on appeal) Citizens Coalition Los Angeles, the California Supreme Court denied review and...more

Beveridge & Diamond PC

California Supreme Court Finds Fresno County EIR Deficient

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A recent California Supreme Court decision reminds project proponents and lead agencies of the need for substantive analysis in an Environmental Impact Report (EIR). On Christmas Eve 2018, the California Supreme Court...more

Perkins Coie

CEQA Year In Review 2018

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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

Best Best & Krieger LLP

California Supreme Court Addresses Standard of Review for EIRs and Air Quality Impact Analyses - Decision in Sierra Club v. County...

In a highly anticipated decision, the California Supreme Court found in Sierra Club v. County of Fresno that the environmental impact report was inadequate because it failed to sufficiently connect the project’s air quality...more

Latham & Watkins LLP

California Supreme Court Clarifies Standard of Review for EIRs and Requirements for Air Quality Impact Analyses

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CEQA Case Report: Understanding the Judicial Landscape for Development - In a published opinion issued December 24, 2018, Sierra Club v. County of Fresno, Case No. S219783, the California Supreme Court determined that an...more

Downey Brand LLP

California Supreme Court Hears CEQA Appeal Questioning the Appropriate Legal Standard of Review for EIR Challenges and the Need...

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On October 2, after waiting over three-and-a-half years, the California Supreme Court finally heard oral arguments in Sierra Club et al. v. County of Fresno et al. (Case No. S219783). This case, which challenges an EIR...more

Holland & Knight LLP

Supreme Court of California Ruling Elevates Responsible Agency Role Under CEQA - City's EIR Erred by Failing to Fully Disclose and...

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In Banning Ranch Conservancy v. City of Newport Beach, et al., the Supreme Court of California held that lead agencies need to expressly disclose and consider the jurisdictional claims and regulatory opinions of responsible...more

Miller Starr Regalia

Completing the Loop Without Reinventing the Wheel: First District Holds 1998 EIR Adequate Without Further CEQA Review to Analyze...

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In an opinion filed November 29, and belatedly ordered published on December 22, 2016, the First District Court of Appeal affirmed the trial court’s denial of a writ petition challenging on CEQA grounds the San Francisco...more

Miller Starr Regalia

Wither Subsequent Review? Supreme Court Again Weighs In On CEQA Subsequent Review Standards Following Negative Declarations –...

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On November 22, 2016, the California Supreme Court issued a significant Order granting review in Coastal Hills Rural Preservation v. County of Sonoma (2016) 2 Cal.App.5th 1234, and also transferring the matter back to the...more

Latham & Watkins LLP

California Supreme Court Addresses CEQA Supplemental Review; Rejects “New Project” Test

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Recent decision resolves appellate split regarding standard of review for agency decision to prepare supplemental environmental review. On September 19, the California Supreme Court held that the substantial evidence...more

Allen Matkins

California Supreme Court Rejects "New Project" Test for Modifications to Previously Approved Projects

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On September 19, 2016, the California Supreme Court issued its long awaited decision in Friends of the College of San Mateo Gardens v. San Mateo Community College District (Case No. S214061). The Supreme Court held that...more

Beveridge & Diamond PC

“New and Improved” is Not Always a Good Slogan Under CEQA

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Marketing departments in major corporations love to describe products as “new and improved” in order to convince you that the product is something you need. In many cases though, you already have the product; the new and...more

Miller Starr Regalia

Supreme Court Addresses CEQA Subsequent Review Rules in San Mateo Gardens Case

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The California Supreme Court provided needed clarification to some aspects of the operation of CEQA’s “subsequent review” rules (Pub. Resources Code, § 21166; CEQA Guidelines, § 15162) in its highly anticipated opinion, filed...more

Miller Starr Regalia

Supreme Court Depublishes Quirky Fourth District CEQA/General Plan Decision

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On August 17, 2016, the California Supreme Court ordered the Fourth District’s opinion in People for Proper Planning v. City of Palm Springs (2016) 247 Cal.App.4th 640 to be depublished, rendering it unciteable and of no...more

Latham & Watkins LLP

California Supreme Court Hears Oral Argument in Friends of the College of San Mateo Gardens v. San Mateo County (Case No. S214061)

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On May 4, 2016, the California Supreme Court heard oral argument in Friends of the College of San Mateo Gardens v. San Mateo County Community College District (Case No. S214061), which addresses the standard of review that...more

Miller Starr Regalia

Proposed CEQA Guidelines Amendments: A Critique Of OPR’s “Preliminary Discussion Draft” (Part I – Proposed “Efficiency...

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On August 11, 2015, the Governor’s Office of Planning and Research (OPR) released a 145-page “Preliminary Discussion Draft” of “Proposed Updates to the CEQA Guidelines” (the “Discussion Draft”). The Discussion Draft “contains...more

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