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23 Aug 2021, 8:52 am
In a published opinion filed August 19, 2021, the Second District Court of Appeal reversed a judgment of the Los Angeles County Superior Court that found fault with the EIR for an improvement project within the San Gabriel Mountains National Monument portion of the Angeles National Forest. [read post]
3 Mar 2015, 11:19 am
Tracing the early legislative and judicial history of CEQA, the Court observed that its landmark Friends of Mammoth decision construing CEQA to apply to approvals of private projects noted that CEQA “deals…with questions of degree” and that “[f]urther legislative or administra [read post]
1 Apr 2020, 4:33 pm
In April 2012, Caltrans circulated the DEIR for the Project, which stated that “[f]ollowing circulation of the [FEIR], if the decision is made to approve the [P]roject, a Notice of Determination [NOD] will be published for compliance with CEQA. . . . [read post]
11 May 2021, 11:48 am
In a lengthy opinion filed April 8, and ordered published on May 7, 2021, the Third District Court of Appeal affirmed a judgment rejecting a number of CEQA challenges to the California State Land Commission’s (Lands Commission) supplemental EIR for and related approval of a lease modification to facilitate a desalination plant in Huntington Beach. [read post]
22 Sep 2016, 4:55 pm
“… like all things in life, project plans are subject to change. [read post]
15 Sep 2014, 10:09 am
” Significantly, the Court pointedly rejected plaintiffs’ attempted reliance on an earlier court of appeal precedent for the asserted principle that “[f]ailure to comply with the CEQA procedures is necessarily prejudicial[,]” noting that statement “does not comport with either CEQA section 21005 or with the Supreme Court’s decision in Neighbors for Smart Rail [v. [read post]
31 Oct 2022, 12:32 pm
In a published opinion filed October 26, 2022, the Second District Court of Appeal (Div. 6) appears to have significantly expanded the reach of both the Brown Act and the procedural requirements of CEQA in holding, on an issue of first impression, that a public agency must list its staff’s determination that a project is exempt from CEQA as an item of business on the agenda for the meeting at which it considers the project approval. [read post]
31 Mar 2017, 3:37 pm
In a unanimous 29-page opinion authored by Associate Justice Carol Corrigan, and filed on March 30, 2017, the California Supreme Court held the City of Newport Beach’s EIR for a large mixed-use development project proposed on a 400-acre coastal zone site failed to comply with CEQA. [read post]
28 Oct 2019, 1:12 pm
However, “[i]f the project may have significant effects, but mitigation measures will make the effects insignificant, the agency may adopt a mitigated negative declaration. [read post]
18 Mar 2025, 10:43 am
., § 21082.3(c)(1), (4), (f).) [read post]
18 Sep 2015, 4:54 pm
., at 111, citing Maureen F. [read post]
29 Aug 2019, 7:56 am
In an opinion originally filed on July 31, and belatedly ordered published on August 22, 2019, the Second District Court of Appeal (Division 3) affirmed a judgment granting a CEQA writ petition invalidating the final EIR and project entitlements for the Millennium Project, a controversial proposed mixed-use development on a 4.47-acre parcel straddling Vine Street and surrounding the historic Capital Records Building in Hollywood. [read post]
29 Jun 2020, 9:31 am
In a mammoth 132-page published opinion (with an additional five pages of appendices) filed on June 12, 2020, the Fourth District Court of Appeal (Division One) mostly affirmed the trial court’s judgment invalidating San Diego County’s approvals of a 2018 Climate Action Plan (CAP), related Guidelines for Determining Significance, and related Supplemental EIR (SEIR). [read post]
19 Dec 2022, 11:07 am
In an opinion filed on November 14, and later certified for publication on December 13, 2022, the First District Court of Appeal (Div. 3) affirmed a Sonoma County Superior Court judgment upholding the EIR for a 180-unit apartment complex proposed on a 15.45-acre parcel of vacant land along the Petaluma River. [read post]
20 Jun 2023, 8:42 am
In a published opinion filed June 9, 2023, the First District Court of Appeal (Div. 3) reversed the trial court’s judgment granting a writ of mandate in consolidated CEQA actions and upheld the adequacy of the UC Regents’ EIR for vegetation removal actions planned to occur within about 800 acres of hilly, forested and fire-prone land on UC Berkeley’s Hill Campus. [read post]
7 Jul 2022, 11:22 am
On March 7, 2022, the Second District Court of Appeal (Div. 4) filed its published opinion in Southwest Regional Council of Carpenters, et al. v. [read post]
5 Apr 2019, 11:58 am
In a lengthy opinion filed February 22, and belatedly ordered published on March 25, 2019, the First District Court of Appeal (Div. 1) affirmed the trial court’s judgment denying a petition for writ of mandate challenging the EIR for a mixed use business and residential project (the “5M Project”) on 4 acres in downtown San Francisco. [read post]
2 Dec 2015, 3:48 pm
In a 5-2 decision filed November 30, 2015, the California Supreme Court reversed the judgment of the Court of Appeal which had upheld the EIS/EIR for the controversial Newhall Ranch development project. [read post]
4 Apr 2017, 9:17 am
Like the fable of the blind men and the elephant, CEQA’s prohibition on “piecemealing” of environmental review is animated by a basic recognition that the “whole” of an action under review is greater than its individual parts viewed separately. [read post]
17 Jul 2017, 4:44 pm
On July 13, 2017, the California Supreme Court rendered a 6-1 decision holding that the San Diego Association of Governments’ (SANDAG) 2011 EIR for its Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) issued pursuant to SB 375 did not violate CEQA “by declining to explicitly engage in an analysis of the consistency of projected 2050 greenhouse gas emissions with the goals in [a 2005] executive order [the “2005 EO”]. [read post]
