News & Analysis as of

California Environmental Quality Act CA Supreme Court

Downey Brand LLP

California Supreme Court Clarifies Time to Appeal Writ Decisions

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In Meinhardt v. City of Sunnyvale (2024) 16 Cal.5th 643 (“Meinhardt”), the California Supreme Court resolved a split in authorities over a procedural matter that will give CEQA litigants some certainty about when an appeal...more

Downey Brand LLP

California Supreme Court Reverses First District Court of Appeal’s Decision in UC Berkeley People’s Park Student Housing Case

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The California Supreme Court, on June 6, 2024, reversed the First District Court of Appeal’s decision regarding UC Berkeley’s Long Range Development Plan (LRDP) EIR. The Supreme Court’s unanimous decision clears the way for...more

Allen Matkins

Sustainable Development and Land Use Update 6.10.24

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A California Supreme Court ruling will allow student housing at University of California to be built at Berkeley's historic People's Park. In February 2023, a state appeals court in San Francisco had sided with the opponents,...more

Meyers Nave

CA Supreme Court Holds CEQA Does Not Cover Social Noise from Residential Projects, Clearing Way for UC Berkeley’s Housing Project...

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So-called “social noise”—i.e., noise created by human voices—is not an environmental impact required by the California Environmental Quality Act (“CEQA”) to be analyzed for residential projects, the California Supreme Court...more

Miller Starr Regalia

Supreme Court Holds Legislature’s Case-Driven CEQA Amendments Require Judgment Upholding UC Berkeley’s 2021 Long-Range Development...

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“It ain’t over ‘til it’s over.” Yogi Berra and Lenny Kravitz - In a unanimous opinion filed on June 6, 2024, the California Supreme Court reversed the judgment of the First District Court of Appeal in the controversial...more

Meyers Nave

Court of Appeal Confirms (Again) that CEQA Statute of Limitations Runs from the First Project Approval

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The Second District Court of Appeal confirmed again that the California Environmental Quality Act (CEQA) favors finality in rejecting a challenge to a subsequent project approval for a 42-single family home project in Los...more

Nossaman LLP

UPDATE: Court Holds Reasonable Use Finding Not Required for Wastewater Discharge Permits

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UPDATE: On August 23, 2023 the California Supreme Court, sitting en banc, denied Waterkeeper’s petition for review. The Second District Court of Appeal’s ruling therefore remains the governing law....more

Allen Matkins

While California Supreme Court Decides if Social Noise is an Environmental Impact, Related Bill Advances in the Legislature

Allen Matkins on

On May 17, 2023, the California Supreme Court granted review of Make UC a Good Neighbor v. Regents of Univ. California (2023) 88 Cal.App.5th 656, a highly-publicized decision in which the Court of Appeal held that an...more

Downey Brand LLP

California Supreme Court Grants Review in UC Berkeley People’s Park Student Housing Case

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The California Supreme Court, on May 17, 2023, granted review of the First District Court of Appeal’s decision in Make UC a Good Neighbor v. Regents of University of California (2023) 88 Cal.App.5th 656, where the Court of...more

Latham & Watkins LLP

2022 CEQA Year in Review: Understanding the Judicial Landscape for Development

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Public agencies prevailed in 71% of decisions involving the California Environmental Quality Act in 2022. Latham lawyers tracked key developments in California Environmental Quality Act (CEQA) case law throughout 2022....more

Miller Starr Regalia

California Supreme Court Grants Review In Controversial “People’s Park”/Student Housing CEQA Case

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On May 17, 2020, the California Supreme Court granted review of the First District Court of Appeal’s controversial and much criticized published decision in Make UC a Good Neighbor v. Regents of University of California...more

Allen Matkins

Sustainable Development and Land Use Update - 4.24.23

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A federal appeals court on Monday overturned Berkeley’s first-in-the-nation ban on natural gas in new construction, agreeing with restaurant owners who argued the city bypassed federal energy regulations when it approved the...more

Allen Matkins

California Supreme Court Denies Petition for Review of Save Livermore Downtown v. City of Livermore

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On April 19, 2023 the California Supreme Court denied the petition for review of the Save Livermore Downtown v. City of Livermore decision issued by the California First District Court of Appeal, which was filed by opponents...more

Best Best & Krieger LLP

CA Supreme Court Orders Appeals Court Brown Act Opinion Depublished

Opinion requiring local agency to give notice on meeting agenda of CEQA exemption determined by staff is no longer binding precedent, but some CEQA actions must still be agendized - On February 15, 2023, the California...more

Perkins Coie

CEQA Year in Review -- 2022

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The courts issued 16 published CEQA decisions in 2022, continuing a trend of fewer published opinions than the pattern established in earlier years. The only California Supreme Court opinion, County of Butte v. Department of...more

Miller Starr Regalia

Examining The Waiver Of Recreational Immunity By Express Invitation After The California Supreme Court’s Decision In Hoffmann V....

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In 1963, the California legislature became concerned that private landowners were “bar[ring] public access to their land for recreational uses out of fear of incurring tort liability." Thus, it enacted Civ. Code, § 846 to...more

Miller Starr Regalia

Supreme Court Corrects Butte County Opinion’s CEQA Misstatement In Response To Counsel’s Letter

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At its weekly conference held on August 24, 2022, the California Supreme Court acted to modify its recent majority opinion in County of Butte v. Department of Water Resources (State Water Contractors) (2022) ___ Cal.5th ___,...more

Miller Starr Regalia

Leading CEQA Counsel File Letter Requesting California Supreme Court To Correct Basic Error In Recent Majority Opinion

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An August 12, 2022 letter to the Supreme Court – signed onto by more than a dozen leading CEQA attorneys not representing parties to the action or other clients – has requested the Court to modify its August 1, 2022 majority...more

Miller Starr Regalia

California Supreme Court Holds In 5-2 Decision, Over Chief Justice’s Strong Dissent, That Federal Power Act Does Not Fully Preempt...

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In a 5-2 opinion filed August 1, 2022, a divided California Supreme Court held the Federal Power Act (“FPA”; 16 U.S.C. § 791a et seq.) does not “occupy the field” and entirely preempt CEQA’s application to the state’s...more

Dorsey & Whitney LLP

The California Supreme Court (and Court of Appeal) - August 5, 2022

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The California Supreme Court issued the following decisions: County of Butte v. Department of Water Resources, et al., No. S258574: California’s Department of Water Resources (DWR) operates the “Oroville Facilities,” an...more

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

Allen Matkins

California Environmental Law & Policy Update - June 2022 #3

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EPA sets stringent standards for PFAS in drinking water Bullet E&E News - June 15 The U.S. Environmental Protection Agency (EPA) on June 15 announced new drinking water “health advisories” for four per- and polyfluoroalkyl...more

Allen Matkins

Sustainable Development and Land Use Update - March 2022 #2

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UC Berkeley ordered to freeze enrollment due to CEQA lawsuit Associated Press – March 3 The California Supreme Court ordered UC Berkeley last Thursday to freeze its undergraduate enrollment at 2020-21 levels...more

Sheppard Mullin Richter & Hampton LLP

Challenge to Housing and Revitalization Project Found Not Cognizable under the Fair Housing Act and California Fair Employment and...

In a case potentially overshadowed by the California Supreme Court’s same-day denial to hear a request to stay a cap on student admissions at UC Berkeley, the Second Appellate District Court (Div. 2) issued its opinion in...more

Perkins Coie

CEQA Year in Review 2021

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A Summary of Published Appellate Opinions Under the California Environmental Quality Act - Introduction - The courts issued relatively few published CEQA decisions in 2021, with no California Supreme Court activity and...more

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