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In Lucas v. City of Pomona (2023) 92 Cal.App.5th 508, the Second District of the Court of Appeal affirmed the trial court’s decision that the City of Pomona’s (“City”) application of the statutory exemption under CEQA...more
Plaintiff did not exhaust administrative remedies when challenging the City’s approval of a homeowner’s development project on the ground that a Class 1 categorical exemption was inapplicable. Arcadians for Environmental...more
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
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
A California Court of Appeal held that CEQA’s issue exhaustion requirement did not preclude a challenge to Inyo County’s exemption determinations for condemnation proceedings and expanded operation of unlined landfills...more
California Courts of Appeal recently issued two cases addressing the strict statute of limitations applicable to agency action under CEQA. Citizens for a Responsible Caltrans Decision v. Department of Transportation – ...more
A Summary of Published Appellate Opinions Under the California Environmental Quality Act - The year 2019 saw several trailblazing opinions, indicating that courts continue to grapple with some of CEQA’s core policies. The...more
The belatedly published South of Market Community Action Network v. City and County of San Francisco (2019) ___ Cal.App.5th ___ (“South of Market”), is the first published decision in which the court applies the principles...more
A few months ago, we reported on a Court of Appeal decision, Bottini v. City of San Diego, where the Court held that delays resulting from a governmental agency’s improper denial of a permit application for a new development...more
Land Use and Development Case Summaries (short form) - 1. PLANNING AND ZONING - CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE V. CITY OF MORENO VALLEY, 26 Cal. App. 5th 689 (2018) - Based on the language and...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
The Fourth District Court of Appeal held that the project baseline under CEQA for construction of a new home did not include demolition of a potential historic structure that had occurred before submittal of a permit...more
On March 22, 2018, the Second Appellate District certified for publication its opinion in Covina Residents for Responsible Development v. City of Covina, et al. (2018) 230 Cal.Rptr.3d 550, concerning a Mitigated Negative...more
Parking impacts (as distinguished from secondary impacts related to parking) associated with infill development in transit priority areas are exempt from environmental review under certain circumstances, a California...more
In Aptos Residents Association v. County of Santa Cruz, the court of appeal upheld Santa Cruz County’s use of a CEQA exemption to approve a distributed antenna system (often referred to as a DAS) for the provision of cell...more
A Summary of Published Appellate Opinions Under the California Environmental Quality Act - In 2017, the California Supreme Court issued two decisions involving highly controversial questions of first impression. In the...more
In Sierra Club et al. v. County of Sonoma et al. (2017 WL 1422533), the California First District Court of Appeal held that the issuance of an erosion-control permit by the Agricultural Commissioner of Sonoma County...more
In an important and highly anticipated decision under the California Environmental Quality Act (CEQA), the California Supreme Court overturned a Court of Appeal’s decision that would have severely limited public agencies’...more
Opinion clarifies when projects involving the construction of hundreds of new small utility structures may be exempt from environmental review - The California Court of Appeal upheld San Francisco’s determination that...more