News & Analysis as of

California Environmental Quality Act Standing

Miller Starr Regalia

First District Affirms Judgment Rejecting CEQA and General Plan Consistency Challenges to Napa County’s EIR for Syar Quarry...

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In an 85-page opinion filed March 25, and modified and certified for partial publication on April 23, 2021, the First District Court of Appeal affirmed the Napa County Superior Court’s judgment denying a writ petition...more

Holland & Knight LLP

California Court of Appeal Affirms Case-Ending Sanction in CEQA Lawsuit - Decision Signals Re-Examination of Standing Requirements...

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• In Creed-21 v. City of Wildomar et al., the California Court of Appeal, Fourth Appellate District, upheld a lower court's dismissal of a California Environmental Quality Act (CEQA) case filed by a plaintiff's attorney who...more

Perkins Coie

Petitioner’s Failure To Comply With Discovery Regarding Its Standing To Sue Results In Dismissal Of CEQA Case

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A CEQA case challenging the City of Wildomar’s approval of a Wal-Mart retail complex has been dismissed because the petitioner refused to comply with discovery requests regarding its standing to sue. Creed-21 v. City of...more

Miller Starr Regalia

Fourth District Upholds Use of CEQA Writ Action Discovery Directed To Standing Issue, Affirms Trial Court’s Terminating Sanction...

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A fundamental prerequisite to a viable lawsuit is a plaintiff possessing standing to bring it, and in writ of mandate proceedings that generally means a person or entity actually possessing a beneficial interest in the legal...more

Miller Starr Regalia

First District Upholds CEQA Categorical Exemption for Approval of Planned Parenthood Clinic in City of South San Francisco,...

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When a lead agency finds a project approval to be categorically exempt from CEQA, this determination at the initial step of CEQA’s multi-tiered process necessarily includes an implied finding that no exceptions to the...more

Miller Starr Regalia

Standing Against Environmental Injustice: Some Thoughts On Facing The Need For CEQA Litigation Reform

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CEQA, our state’s landmark environmental protection act, is a venerable law with an illustrious history now spanning over 45 years. But it’s also being abused every day, distorted for non-environmental ends not worthy of it...more

Miller Starr Regalia

Justice Scalia’s Enduring CEQA and Land Use Law Legacy

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With the February 13 passing of U.S. Supreme Court Associate Justice Antonin Scalia, American jurisprudence lost an intellectual giant. But Justice Scalia will not be forgotten; the legacy of his life’s work lives on. While...more

Miller Starr Regalia

First District Applies CEQA Exhaustion/Standing Rules, Upholds Judgment Rejecting Claim of Statutory Exemption for Controversial...

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In a published decision filed September 17, 2015, the First District Court of Appeal affirmed the trial court’s judgment granting a writ of mandate and finding that a proposed land exchange agreement was not statutorily...more

Manatt, Phelps & Phillips, LLP

Emergency Work Can Modify a Project’s Environmental Baseline

CREED-21 v. City of San Diego (2015) 234 Cal.App.4th 488 - Why It Matters: This decision provides an important clarification of what constitutes the “environmental baseline” under the California Environmental Quality Act...more

Miller Starr Regalia

Fourth District Addresses CEQA Issues Concerning Standing, Mitigation, Baseline, Piecemealing, And Responses To Comments In...

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In a published decision filed October 31, 2014 (Paulek v. California Department of Water Resources (4th Dist., Div. 2, 2014) ___ Cal.App.4th ____, Case No. E060038), the Fourth District Court of Appeal affirmed the Riverside...more

Miller Starr Regalia

CEQA Standing and Exhaustion Rules Applied In Action Challenging City of San Jose’s General Plan Update

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The Sixth District Court of Appeal, in a published decision filed September 30, 2013, reversed a grant of summary judgment in favor of defendant City of San Jose in an action challenging its “Envision San Jose” comprehensive...more

Perkins Coie

New CEQA Bill - Cure Or Band-Aid?

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In response to a business community campaign calling for broad CEQA reform, Senate President Pro, California State Senator Tempore Darrell Steinberg, released his highly anticipated CEQA “modernization” bill (SB 731). So...more

Perkins Coie

CEQA Year In Review 2012

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In This Issue: - Project Approvals Triggering CEQA ..Chung v City of Monterey Park (2012) 210 CA4th 394 ..Tuolumne Jobs and Small Business Alliance v Superior Court) 210 CA4th 1006 (petition for review pending,...more

Miller Starr Regalia

CEQA Standing Reform: Could Statutory Standing Requirements Feasibly Be Tightened To Bar Anti-Competitive Lawsuits Motivated By...

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Meaningful CEQA reform is a topic much discussed by politicians and stakeholders, but its realization remains elusive. For example, in-fill exemptions are fettered with multitudes of complex and convoluted conditions and...more

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