Tag: California Supreme Court

The California Supreme Court Has a Banner Week, Hearing Argument in Three CEQA and Land Use Cases

On May 3–4, 2017, the California Supreme Court heard oral arguments in three cases with significant implications for California land use law. Below we summarize the main issue(s) argued in each matter and possible outcomes. Because many of these cases have been pending for years, the Court that originally voted to grant review has since … Continue Reading

CEQA Implications of California Supreme Court Decision Finding Public Officials’ and Employees’ Personal Accounts Do Not Escape Reach of Public Records Act

On March 2, 2017, the California Supreme Court ruled in City of San Jose v. Superior Court that where a public employee uses a personal email account or texts to communicate about the conduct of public business, those writings may be subject to disclosure under the California Public Records Act (“PRA”). While resolving one long-debated … Continue Reading

California Supreme Court Grants Review in Medical Marijuana CEQA Case

On January 11, the California Supreme Court granted review of the Fourth Appellate District’s decision in Union of Medical Marijuana Patients, Inc. v. City of San Diego (2016) 4 Cal.App.5th 103.  The two issues to be decided by the Court are as follows: Is the enactment of a zoning ordinance categorically a “project” within the … Continue Reading

California Supreme Court Rejects “New Project Test” and Defers to Agencies on Whether Project Modifications Require Subsequent Environmental Review

On September 19, in a long-awaited and unanimous decision, the California Supreme Court issued its decision in Friends of the College of San Mateo Gardens v. San Mateo County Community College District.  The opinion, authored by the Court’s newest justice, Leondra Kruger, resolves a split among the Courts of Appeal regarding the proper procedures for … Continue Reading

Downey Brand’s Spring 2016 CEQA and Land Use Litigation Update

I recently had the privilege of presenting the annual CEQA and Land Use Litigation Update at this year’s League of California Cities City Attorneys’ Spring Conference in Newport Beach. The annual conference is attended by more than 450 city attorneys and other legal professionals from across California, and addresses a host of cutting-edge legal issues … Continue Reading

Another Busy Year for CEQA in the California Supreme Court: Arguments Set for May 4 in San Mateo Gardens Case; Four Other Cases Pending

2015 was a banner year for CEQA rulings by the California Supreme Court, with four decisions handed down, each of which addressed key issues in the application of the statute and its governing regulations: Berkeley Hillside clarified the application of the “unusual circumstances” exception to categorical exemptions; City of San Diego addressed the feasibility of … Continue Reading
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