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Environmental Impact Report (EIR) Appellate Courts

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

Perkins Coie

First District Invalidates EIR for UC Berkeley’s Student Housing Project at People’s Park for Failure to Analyze Alternative...

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The First Appellate District held that the Regents of the University of California failed to comply with CEQA in certifying the project EIR for its student housing project at People’s Park. Make UC a Good Neighbor v. Regents...more

Perkins Coie

CEQA Year in Review 2020

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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

Perkins Coie

County May Abandon Public Easement Rights to Prevent Unauthorized Use of Road

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The Third Appellate District determined that Placer County met relevant statutory requirements when it partially abandoned public easement rights in a road originally intended to be used only for emergency access and public...more

Perkins Coie

University Campus Was Not an Illusory Element of Project Under CEQA

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The court of appeal found the EIR for a master planned community sufficient because it adequately described and analyzed impacts of the proposed project, which included a university, and was not required to consider the...more

Downey Brand LLP

First Appellate District Rejects Urban Decay Claim, Upholds EIR for New El Dorado County Courthouse

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Since the 2004 decision in Bakersfield Citizens for Local Control v. City of Bakersfield, CEQA petitioners challenging development projects often assert that the lead agency has failed to adequately analyze urban decay...more

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