News & Analysis as of

California Environmental Quality Act Subdivision

Downey Brand LLP

CEQA Causes of Action Based on the Subdivision Map Act May be Subject to the Subdivision Map Act’s Statute of Limitations

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On October 21st, the Second District Court of Appeal published a decision in Santa Clarita Organization etc. v. County of Los Angeles (2024) 105 Cal.App.5th 1143 that addresses the question of whether a CEQA challenge to an...more

Miller Starr Regalia

In Writ Action Attacking Vesting Tentative Map Approval, Second District Holds Plaintiffs’ Failure to Comply With Subdivision Map...

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In a published opinion filed October 21, 2024, the Second District Court of Appeal (Div. 7) reversed a judgment entered after the trial court granted without leave a real party developer’s motion for judgment on the...more

Perkins Coie

CEQA Challenges to EIR’s Biological and Emergency Evacuation Analyses Rejected

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Introduction: Defining Interprofessional Consultation In a January 5, 2023, letter to state health officials, the Centers for Medicare & Medicaid Services (“CMS”) clarified a Medicaid and Children’s Health Insurance Program...more

Miller Starr Regalia

“This Woeful Record”: First District Affirms Judgment Rejecting CEQA Challenges To Marin County’s Approval of 43-Home Mountaintop...

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On May 12, 2022, the First District Court of Appeal filed a 108-page published opinion affirming a judgment denying a CEQA writ petition that challenged Marin County’s approval of a 43-lot single-family residential...more

Sheppard Mullin Richter & Hampton LLP

Petitioners Failed to Show Subdivision Consistent With a Specific Plan EIR Was Outside the Scope of a Statutory Exemption

In Citizens’ Committee to Complete the Refuge et al. v. City of Newark et al., the First District Court of Appeal (Div. 4) found the California Environmental Quality Act did not require subsequent or supplemental...more

Perkins Coie

No Further Environmental Review Needed for Subdivision That Was Consistent with Approved Specific Plan

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The Court of Appeal found that a development project that was consistent with a previously approved specific plan was not required to prepare a new EIR because no changes significantly increased impacts on endangered species....more

Downey Brand LLP

In Martis Camp Ruling, Subsequent Review Under CEQA Hinges on the Right EIR

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In an opinion published on August 17, 2020, the Third Appellate District in Martis Camp Community Association v. County of Placer ruled that Placer County had violated CEQA by adopting an addendum to support abandonment of a...more

Miller Starr Regalia

Hitting A CEQA Snag: Third District Affirms Rejection of Statutory Road Abandonment And Brown Act Challenges And Inverse...

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In a published opinion filed on August 17, 2020, the Third District Court of Appeal mostly affirmed the trial court’s judgment upholding Placer County’s partial abandonment of public easement rights in an emergency...more

Downey Brand LLP

Fourth Appellate District Upholds City of San Diego’s Rejection of Subdivision Project and Related MND

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CEQA decisions usually arise in the context of a challenge to a lead agency’s approval of a project and a related CEQA document. However, in a recent decision, Kutzke v. City of San Diego (2017) 11 Cal.App.5th 1034...more

Miller Starr Regalia

Fourth District Holds Substantial Evidence Supports City of San Diego’s Rejection of MND and Denial of Minor Residential...

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In a short opinion filed May 17, 2017, and belatedly ordered published (for unknown reasons) just six days later, the Fourth District Court of Appeal reversed the trial court’s judgment granting a writ of mandate that set...more

Nossaman LLP

Environmental Review Required for Subdivision Map Approvals

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On September 9, the Third District Court of Appeal held that tentative subdivision map approvals "always have at least the potential to cause" a direct or indirect physical change in the environment and thus are categorically...more

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