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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
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
“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
The completion of a shooting range redevelopment project did not moot CEQA claims regarding the project even though the plaintiff had not sought an injunction against development or operation of the project. Moreover, the...more
In an opinion filed on March 29, 2024, the First District Court of Appeal found that a CEQA claim was not mooted by completion of a project to demolish an existing shooting range and to construct a new shooting range...more
In a partially published opinion filed March 29, 2024, the First District Court of Appeal (Div. 4) rejected contentions that the pre-judgment completion of construction of a shooting range mooted a CEQA challenge to the...more
In an opinion originally filed on September 8, and subsequently modified and certified for partial publication on October 4, 2023, the Sixth District Court of Appeal reversed the trial court’s judgment granting a writ setting...more
On August 10, 2023 the Sixth District Court of Appeal filed its published opinion in Santa Rita Union School District v. City of Salinas (2023) ___ Cal.App.5th ___. On September 7, 2023, it filed an Order slightly modifying...more
In a published opinion filed August 14, 2023, the Third District Court of Appeal reversed a judgment that denied a petition for writ of mandate challenging the State Department of Public Health’s (Department) approval of Real...more
In a published opinion filed June 23, 2023, the Fourth District Court of Appeal (Div. 1) affirmed a judgment granting a writ of mandate directing the City of San Diego (City) to set aside its approvals of an ordinance...more
n an opinion filed April 27, and certified for partial publication on May 19, 2023, the First District Court of Appeal (Div. 1) vacated the trial court’s order granting a writ directing the University of California’s Regents...more
In an opinion filed April 18, and belatedly ordered published on May 10, 2023, the Sixth District Court of Appeal upheld the City of San Jose’s (City) certification of a final Supplemental EIR (FSEIR) for development of three...more
On June 1, 2022, the Sixth District Court of Appeal, in response to a request for publication, ordered that its previously unpublished May 9, 2022 opinion in Committee for Sound Water and Land Development v. City of Seaside...more
As the world continues to dig out from the aftermath of the Covid 19 pandemic, the aftereffects of the earliest phase of lockdowns continue to be felt, including in the world of CEQA litigation. While this blog does not...more
In a partially published opinion filed on November 3, 2021, involving the CEQA review for a bed and breakfast/commercial event project proposed on property within a Yolo County agricultural zone, the Third District Court of...more
Against the backdrop of another severe drought, water supply and impact issues continue to be points of contention for water agencies, water users, conservation groups, and the state. And, of course, litigation over water is...more
A Summary of Published Appellate Opinions Involving the California Environmental Quality Act - Despite relatively few published opinions this year, there were significant appellate court rulings on a range of topics,...more
The Third District Court of Appeal held that CEQA and permitting challenges to an expansion project were moot because defendants had already completed construction and did not build the project in violation of any court...more
In an opinion originally filed on August 26, and later certified for publication on September 16, 2020, the Third District Court of Appeal dismissed a plaintiff group’s (“Parkford”) appeal from an adverse judgment in a...more
CEQA Case Report: Understanding the Judicial Landscape for Development - In an unpublished opinion issued February 20, 2018, Advocates for Better Cmty. Dev. v. City of Palm Springs, Case No. E066193, the California Court...more
In a 38-page opinion filed May 4, and belatedly ordered published on May 25, 2017, the Fifth District Court of Appeal reversed a judgment dismissing a writ petition filed by three environmental groups alleging CEQA violations...more