News & Analysis as of

California Environmental Quality Act Environmental Review

Farella Braun + Martel LLP

[Event] CEQA Decoded: Air Quality Analysis for Bay Area Projects - August 22nd, San Francisco, CA

Join our next “CEQA Decoded” series program for Bay Area professionals, addressing key aspects of air quality impact analysis under CEQA, and highlighting the latest revisions to BAAQMD and City of San Francisco guidelines....more

Downey Brand LLP

Project’s Completion Did Not Moot CEQA Claim

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Introduction - On March 29, 2024, the First District Court of Appeal issued its partially published opinion in the case of Vichy Springs Resort, Inc. v. City of Ukiah (2024) 101 Cal.App.5th 46....more

Brownstein Hyatt Farber Schreck

2023 CEQA Legislative Recap: Insignificant Effects, Housing Exemptions, and Streamlining

Several modest amendments to CEQA took effect on Jan. 1, 2024. Our CEQA News You Can Use team summarized a few of changes to keep in mind in the new year....more

Miller Starr Regalia

Reversal of Misfortune: Second District Holds CEQA Action Challenging Los Angeles Housing Development Project Barred By Statute of...

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In a published opinion filed on January 17, 2024, the Second District Court of Appeal (Div. 5) reversed a trial court judgment overturning a mitigated negative declaration (MND) and requiring an EIR for a 42-single family...more

Perkins Coie

The First Project Approval Establishes the Appropriate Statute Of Limitations for CEQA Challenges, Even When the CEQA Document Is...

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A court of appeal held a CEQA challenge time-barred because it was not commenced within 30 days after a Notice of Determination (NOD) was filed for approval of a subdivision map based upon a Mitigated Negative Declaration...more

Downey Brand LLP

Downey Brand Compilation of Published CEQA Cases in 2023

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2023 served up roughly the same number of published appellate CEQA cases as 2022 with a defense win percentage of over 80 percent, which has been the case in many, if not all, of the past ten years. A prominent theme of...more

Downey Brand LLP

Filing Multiple NODs does not Restart Statute of Limitations

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In Guerrero et al v. City of  Los Angeles (January 17, 2024, No. B326033 c/w B327032) ___Cal.App.5th___,  the Second District Court of Appeal held that the project opponents did not timely file their CEQA lawsuit. The...more

Downey Brand LLP

Sixth District Says City’s Specific Plan EIR Need Not Analyze Speculative Alternative Scenario Conjured by Project Opponents

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The Sixth District Court of Appeal, in Santa Rita Union School District v. City of Salinas (2023), 94 Cal.App.5th 298, reversed the lower court, finding that the City of Salinas’ (“City”) final programmatic environmental...more

Nossaman LLP

Right of Way 101

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This past week I had the opportunity to attend the International Right of Way Association’s (IRWA) Region 1 Fall Forum and Symposium in San Diego, California. On Friday, Brad Kuhn and I presented an update on recent federal...more

Coblentz Patch Duffy & Bass

2023 Housing Legislation Overview – Major Signed and Pending Bills

The 2023 California Legislative Session, which closed on September 14, was dominated yet again by efforts to address the state’s continued housing crisis. For the last several years, we have written about many bills enacted...more

Downey Brand LLP

Trial Court’s Jurisdiction over CEQA Case is Lost after Writ is Satisfied by Rescission of Project Approvals

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In McCann v. City of San Diego (2023) 94 Cal.App.5th 284 (McCann II), the Fourth District Court of Appeal held the trial court exceeded its jurisdiction by failing to discharge a writ of mandate. The writ was issued for the...more

Downey Brand LLP

Harm to Public Interest in Informed Decision-making Can Tip the Scales When Courts Weigh Preliminary Injunctions

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In Tulare Lake Canal Company v. Stratford Public Utility District (2023) 92 Cal.App.5th 380, the Fifth District Court of Appeal reversed and remanded a trial court order denying a preliminary injunction to halt the...more

Miller Starr Regalia

Missing the Forest For the Trees: First District Reverses Trial Court, Upholds Project Description And Impact Analysis In Regents’...

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In a published opinion filed June 9, 2023, the First District Court of Appeal (Div. 3) reversed the trial court’s judgment granting a writ of mandate in consolidated CEQA actions and upheld the adequacy of the UC Regents’ EIR...more

Nossaman LLP

CEQA Reform: Making Sense of California’s Budget Trailer Bill

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On June 12, 2023, each house of the California State Legislature released the proposed language of the Budget Act of 2023. The Legislature’s proposal excludes the California Environmental Quality Act (CEQA) and permit...more

Downey Brand LLP

“It just so happens that [Governor Newsom’s Sweeping New Plan to Accelerate Infrastructure Projects] is only mostly dead.” –...

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Governor Gavin Newsom announced proposed major new infrastructure permitting reforms on May 19, 2023 in an effort to create thousands of jobs and build California’s clean energy future. The eleven-bill package seeks to...more

Brownstein Hyatt Farber Schreck

What’s Happening at the California Capitol? Another Pass at CEQA and Housing Streamlining

In this alert, Brownstein outlines Gov. Gavin Newsom’s latest swing at the California Environmental Quality Act (CEQA) and provides the updates (and potentially what to expect) regarding two new bills introduced by Sen. Scott...more

Brownstein Hyatt Farber Schreck

CEQA News You Can Use - Vol. 8, Issue 1

Noisy college students, the new CEQA impact? Would you be surprised to learn that college students can throw noisy parties? Uh, no, but it may be a surprise that they constitute a potentially significant environmental impact...more

Downey Brand LLP

California Appeals Court Rules that State Water Board’s Duty to Prevent Waste and Unreasonable Use of Water is “Highly...

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On February 27, 2023, in a much anticipated decision, California’s Second District Court of Appeal overruled the trial court by determining that the State Water Resources Control Board (“State Water Board”) did not violate...more

Downey Brand LLP

Court Finds Use of Addendum Improper as Project’s GHG Emissions Likely Outside the Scope of Prior Programmatic EIR and Unusual...

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In IBC Business Owners for Sensible Development v. City of Irvine et al. (Feb. 6 2023, Case No. G060850) ___ Cal.App.5th ___, the Fourth District Court of Appeal held that the City of Irvine (“City”) violated CEQA when it...more

Perkins Coie

33rd Annual Land Use & Development Law Briefing - 2023

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Land Use and Development Case Summaries 2023 Land Use and Development Law Briefing (Short Form) 1. Planning And Zoning - OLD EAST DAVIS NEIGHBORHOOD ASSOCIATION V. CITY OF DAVIS 73 Cal. App. 5th 895 (2022) The court...more

Miller Starr Regalia

First District Upholds Use of Government Code Section 65457 CEQA Exemption For Downtown Livermore Affordable Housing Project,...

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In an opinion in a much-publicized case, filed December 28, 2022, and later ordered published on January 26, 2023, the First District Court of Appeal (Div. 3), upheld the City of Livermore’s (“City”) approval of a 130-unit...more

Perkins Coie

Athletic Field Lighting Project Not Categorically Exempt from CEQA

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The First District Court of Appeal overturned the City of San Francisco’s decision that Saint Ignatius High School’s project to install four permanent 90-foot-tall athletic field lights was exempt from CEQA.  Saint Ignatius...more

Miller Starr Regalia

A “Capitol” Offense: Third District Holds State Capitol Building Annex/Visitor Center Project EIR Violated CEQA Due To Inadequate...

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In a published opinion filed December 6, 2022, the Third District Court of Appeal reversed in part and affirmed in part the trial court’s judgment denying writ petitions in consolidated actions challenging the EIR for a major...more

Downey Brand LLP

Construction of 90-Foot-Tall Lights at Athletic Field Not Categorically Exempt as either an Existing Facility or Construction of a...

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In St. Ignatius Neighborhood Assn. v. City & County of San Francisco (Nov. 18, 2022, A164629) __Cal.App.5th__ [2022 Cal. App. LEXIS 992], the First District Court of Appeal held that the City & County of San Francisco (City)...more

Miller Starr Regalia

“Yes, San Francisco, There Is A CEQA”: First District Reverses Judgment Upholding City’s Categorical Exemption Determinations For...

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“Yes, Virginia, there is a Santa Claus.” – Editorial by Francis Pharcellus Church first appearing in New York newspaper The Sun on September 21, 1897 - In keeping with the spirit of the holiday season, it is entirely fitting...more

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