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22 May 2023, 10:58 am by Arthur F. Coon
In an opinion filed April 18, and belatedly ordered published on May 10, 2023, the Sixth District Court of Appeal upheld the City of San Jose’s (City) certification of a final Supplemental EIR (FSEIR) for development of three high-rise office towers (the “Project”) on an eight-acre downtown site containing several historic structures which the Project required to be demolished. [read post]
11 Apr 2023, 8:52 am by Arthur F. Coon
In a 72-page published opinion filed March 30, 2023, the First District Court of Appeal (Div. 4) affirmed in full the trial court’s judgment, which upheld the EIR for the Oakland Waterfront Ballpark District Project (project) with the sole exception of its wind mitigation measure. [read post]
21 Mar 2023, 1:09 pm by Arthur F. Coon
In a published opinion filed March 8, 2023, the Second District Court of Appeal (Division 8) affirmed the trial court’s judgment denying writ relief in a lawsuit challenging approval of a CEQA-exempt eldercare facility project in Pacific Palisades, an oceanside area of the City of Los Angeles. [read post]
6 Mar 2023, 11:50 am by Arthur F. Coon
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 closure project sufficiently stated claims against the city for Vehicle Code, local ordinance, and CEQA violations. [read post]
3 Mar 2023, 10:24 am by Arthur F. Coon
In a published opinion filed February 24, 2023, the First District Court of Appeal (Div. 5) reversed a judgment upholding the adequacy of the EIR for the University of California, Berkeley’s long range campus development plan (“LRDP”) and a controversial housing development project at the historic People’s Park. [read post]
21 Feb 2023, 1:21 pm by Arthur F. Coon
”  (Citing CEQA Guidelines, § 15168(c)(2) [“[i]f the agency finds that pursuant to Section 15162, no subsequent EIR would be required, [it] can approve the activity as being within the scope of the project covered by the program EIR, and no new environmental document [is] required. [read post]
7 Feb 2023, 12:07 pm by Arthur F. Coon and Arielle Harris
In an opinion in a much-publicized case, filed December 28, 2022, and later ordered published on January 26, 2023, the First District Court of Appeal (Div. 3), upheld the City of Livermore’s (“City”) approval of a 130-unit affordable housing project on a downtown infill site and its accompanying determination that the project was CEQA-exempt under Government Code section 65457 (“Section 65457”). [read post]
1 Feb 2023, 8:44 am by Arielle Harris
The 2021-2022 Legislative Session was light on CEQA amendments, and once again did not produce any significant reform. [read post]
10 Jan 2023, 3:28 pm by Matthew C. Henderson and Arthur F. Coon
As all CEQA practitioners know, a prospective petitioner in a writ proceeding challenging a CEQA determination must first exhaust available administrative remedies as a prerequisite to filing suit. [read post]