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Exemptions California Environmental Quality Act Environmental Impact Report (EIR)

Miller Starr Regalia

Budget Trailer Bill SB 174 Exempts State Capitol Renovation Project From CEQA, Extends Existing Statutory Exemption for...

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California Senate Bill No. 174 (SB 174), a budget trailer bill that was passed by the Assembly with amendments on June 26, received Senate concurrence on the amendments the same day, and was enrolled and presented to the...more

Miller Starr Regalia

CEQA Remedies Go Both Ways:  Fourth District Reverses Judgment Upholding San Diego County Board’s Decision Granting Project...

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In an important published opinion filed February 16, 2024, the Fourth District Court of Appeal (Div. 1) held the San Diego County Board of Supervisors committed a prejudicial abuse of discretion in granting project opponents’...more

Miller Starr Regalia

First District Denies Rehearing and Publication Requests, Slightly Modifies Opinion With No Change in Judgment in CEQA Case...

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On October 20, 223, the First District Court of Appeal (Div. 3) filed an “Order Modifying Opinion; and Denying Petitions for Rehearing and Publication [No Change in Judgment]” in Yerba Buena Neighborhood Consortium, LLC, et...more

Downey Brand LLP

Court of Appeal Finds Substantial Evidence Supports City’s Use of Statutory Exemption to Approve a Zoning Overlay District For...

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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

Miller Starr Regalia

Second District Affirms Judgment Upholding City of Pomona’s Commercial Cannabis Permit Program Overlay District As CEQA-Exempt...

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In a published opinion filed June 13, 2023, the Second District Court of Appeal (Div. 8) affirmed the trial court’s judgment rejecting CEQA challenges to the City of Pomona’s (City) use of a statutory exemption – under Public...more

Miller Starr Regalia

Second District “Waters Down” Los Angeles Waterkeeper Waste Discharge Permit CEQA Exemption Opinion After Rehearing At Request Of...

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In a March 27, 2023 post found here, we wrote about the Second District Court of Appeal’s (Div. 1) decision concerning the Water Code section 13389 CEQA exemption for Regional Water Quality Control Board (“RWQCB”) issuance of...more

Perkins Coie

General Request for EIR Insufficient to Exhaust Administrative Remedies When Challenging Reliance on Categorical Exemption

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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

Downey Brand LLP

Substantial Changes to Marilyn Monroe Art Installation Extends Statute of Limitations to Challenge Under CEQA

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In Committee to Relocate Marilyn v. City of Palm Springs (Feb. 23, 2023, D080907) __Cal.App.5th__ [2023 Cal. App. LEXIS 120], the Fourth District Court of Appeal held that the petition filed by the Committee to Relocate...more

Miller Starr Regalia

“Permanent Vacation” In Palm Springs? – Fourth District Holds CEQA’s Short 35-Day Statute of Limitations Does Not Apply Despite...

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In a published opinion filed on February 23, 2023, the Fourth District Court of Appeal reversed a judgment of dismissal after the sustaining of a demurrer and held that an amended writ petition challenging a city’s street...more

Downey Brand LLP

Neighbor’s General Complaints of Environmental Concerns Insufficient to Exhaust Administrative Remedies as to CEQA Exemption...

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In Arcadians for Environmental Preservation v. City of Arcadia (Feb. 16, 2023, No. B320586) ___Cal.App.5th___ [2023 Cal. App. LEXIS 103] the Second District Court of Appeal found no error in a trial court ruling that there...more

Miller Starr Regalia

Fourth District Holds Addendum To 2010 Program EIR For Irvine Business Complex Vision Plan Violated CEQA Because Conclusion That...

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In a published opinion filed February 6, 2023, the Fourth District Court of Appeal (Div. 3) affirmed a judgment setting aside an addendum to a 2010 program EIR (PEIR) and accompanying approvals for a 275,000-square foot...more

Perkins Coie

CEQA Year in Review -- 2022

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The courts issued 16 published CEQA decisions in 2022, continuing a trend of fewer published opinions than the pattern established in earlier years. The only California Supreme Court opinion, County of Butte v. Department of...more

Downey Brand LLP

Residential Development Project Consistent with Specific Plan Found Exempt from Further CEQA Review

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In Citizens’ Committee to Complete the Refuge v. City of Newark (2021) 74 Cal.App.5th 460, the First District Court of Appeal affirmed the trial court’s ruling that a residential project in a specific plan area in the city of...more

Miller Starr Regalia

First District Affirms Judgment Upholding Statutory CEQA Exemption For Housing Project Consistent With EIR-Reviewed Specific Plan,...

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In an opinion filed on December 29, 2021, and later ordered published on January 25, 2022, the First District Court of Appeal (Div. 4) affirmed a judgment upholding the City of Newark’s (City) use of Government Code § 65457’s...more

Perkins Coie

CEQA Year in Review 2021

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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

Sheppard Mullin Richter & Hampton LLP

Significant Changes to State CEQA Filing and Noticing Requirements and Procedures

Two significant changes to California Environmental Quality Act (“CEQA”) noticing and filing requirements and procedures recently took effect. First, on September 23, 2020, Governor Gavin Newsom signed Executive Order N-80-20...more

Miller Starr Regalia

First District Holds U.C. Berkeley Campus’s Decision To Increase Student Enrollment Above Maximum Projected Level Analyzed In EIR...

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In a partially published opinion filed June 25, 2020, the First District Court of Appeal (Division 5) reversed the trial court’s judgment entered after sustaining a demurrer without leave to amend; it held that a non-profit...more

Perkins Coie

Misrepresentations Can Bar Agency’s Reliance on CEQA Statute of Limitations

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An agency could be equitably estopped from relying on the 35-day statute of limitations applicable to a CEQA Notice of Exemption where the agency had misled the public into expecting the agency would instead circulate a Final...more

Downey Brand LLP

Two CEQA Statute of Limitations Cases, Two Different Results

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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

Perkins Coie

CEQA Year in Review 2019

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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

Sheppard Mullin Richter & Hampton LLP

EIR for Downtown San Francisco Mixed-Use Project Upheld Under Supreme Court’s Newly Articulated Standard of Review

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

Perkins Coie

Court Upholds Class 1 Exemption for Improvements to Amusement Park in City of San Diego

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The court of appeal found that an amended and restated lease requiring upgrades and improvements to an existing amusement park was exempt from the requirements of CEQA under the Class 1 exemption. San Diegans for Open...more

Brownstein Hyatt Farber Schreck

CEQA News You Can Use - Vol. 4, Issue 1

Welcome to CEQA News You Can Use, a quarterly production of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource to your...more

Downey Brand LLP

Fourth District Upholds Use of Existing Facilities Exemption for San Diego Amusement Park Lease, Finding no Causal Connection...

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San Diegans for Open Government v. City of San Diego – filed Dec. 27, 2018, publication ordered Jan. 15, 2019, Fourth District, Div. One - The Fourth District Court of Appeal affirmed a trial court judgment upholding use...more

Perkins Coie

29th Annual Land Use & Development Law Briefing - 2019

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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

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