In Citizens for Environmental Responsibility v. State ex rel. 14th District Agricultural Association, 2014 Cal. App. LEXIS 283, the Court of Appeal, Third District, affirmed the trial court’s determination that a rodeo at the Santa Cruz County Fairground (the Fairground) meets CEQA’s Class 23 categorical exemption for “normal operations of existing facilities for public
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Second Appellate District Upholds EIR and Wildlife Permits for Large Southern California Development
In a partially published opinion, the Second District reversed the ruling of the Los Angeles County Superior Court, and affirmed the adequacy of the EIR certified by the California Department of Fish and Wildlife (CDFW, formerly the California Deptartment of Fish and Game) in 2010, as well as related permits issued to development company Newhall…
APPELLATE COURT REJECTS MARIN COUNTY EIR AND REQUIRES GREATER MITIGATION TO PROTECT COHO SALMON AND STEELHEAD TROUT
In an unpublished opinion, Salmon Protection and Watershed Network v. County of Marin, 2014 Cal. App. LEXIS 1578, the Court of Appeal, First District, reversed the trial court and granted an environmental group’s petition for a writ of mandate challenging the sufficiency of the EIR for Marin’s Countywide General Plan (CWP). The Court also…
Plaintiff’s LAFCO and CEQA Claims Dismissed on Procedural Grounds
In Protect Agricultural Land v. Stanislaus Local Agency Formation Commission, 2014 Cal. App. LEXIS 80, the court affirmed the requirement that challenges to annexation and sphere of influence decisions by Local Agency Formation Commissions (LAFCO) must be brought as reverse validation actions.
The case involved the Stanislaus County LAFCO’s approval of an application by…
Supreme Court Provides Broad Interpretation Of Exactions Under Protest Provision Of Mitigation Fee Act
In Sterling Park, L.P. v. City of Palo Alto, a developer agreed to provide below-market rate units and pay an in-lieu fee as a condition of the City’s approval of its condominium development. Over a year later, the City asked the developer to convey the below-market rate units to the City per the agreement.…
DC Circuit Applies FOIA Exemption to High-Speed Rail Communications
The United States District Court for the District of Columbia has protected discussions between California’s High Speed Rail Authority (CHSRA) and the Federal Rail Authority (FRA) from a Freedom of Information Act (FOIA) request filed by Judicial Watch. Judicial Watch v. U.S. Dept. of Trans. (D.D.C. 2013) 950 F. Supp.2d 213. The protected discussions concerned…
Court Holds EIR’s Inadequacy Is Rooted In Its Failure to set Forth A Significance Threshold For Impacts To Old Growth Redwoods And To Properly Disclose Related Impacts And Mitigation Measures
In Lotus v. Department of Transportation, 2014 Cal. App. LEXIS 97, the California Court of Appeal, First Appellate District, reversed the trial court’s denial of appellants’ petition for writ of mandate challenging the adequacy of the EIR for a highway realignment project.
The California Department of Transportation (Caltrans) sought to realign and widen portions…
ANOTHER LOSS FOR THE PLASTIC BAG
Following the overwhelming majority of courts that have upheld local laws regulating plastic bags, California’s First District Court of Appeal unanimously upheld San Francisco’s ban on plastic bags in Save the Plastic Bag Coalition v. City and County of San Francisco (2013) 222 Cal.App.4th 863. The court found that the city complied with CEQA in…
Merced County Board of Supervisors Unanimously Approves the Vega Solar Photovoltaic Project
On January 28, 2014, the Merced County Board of Supervisors unanimously approved a conditional use permit and certified an environmental impact report (EIR) for a project to construct a 20 megawatt solar photovoltaic electrical generation facility on a 178.3 acre site in the Los Banos area of the County. It is anticipated that the project…
City of Sacramento Uses SB 226 Infill Exemption to Approve a Residential Care Facility in the Central City
On January 7, 2014, the City of Sacramento unanimously approved a Conditional Use Permit and took related actions authorizing the development of a three-story 28-room residential care facility on a 0.36-acre parcel in the Central City. In approving the Project, the City found the Project was exempt from CEQA because, among other reasons, it is…