In an unpublished decision, Agriculture, Business & Labor Education Coalition of San Luis Obispo County v. County of San Luis Obispo, 2012 Cal.App. Unpub. LEXIS 7948, the Second Appellate District upheld the trial court’s decision that an environmental group did not meet its burden of proof to show the County’s proposed amendments to the
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Appellate Court Upholds EIR Given its Discrepancies Are Minor and Present No Risk of Prejudice to the Environmental Review Process
In Mount Shasta Bioregional Ecology Center v. County of Siskiyou (2012) 210 Cal.App.4th 184, Siskiyou County (County) approved a project to expand an existing wood veneer manufacturing facility for the cogeneration of electricity for resale. The Mount Shasta Bioregional Ecology Center and the Weed Concerned Citizens (Plaintiffs) sought a writ of mandate against County claiming…
Thomas Law Group Ranks as a Tier 1 Law Firm
The U.S.News – Best Lawyers “Best Law Firms” rankings names Thomas Law Group as one of the best law firms in Sacramento in Land Use & Zoning Law and Environmental Law. Only four other law firms in Sacramento were given a “Tier 1” ranking in either Land Use & Zoning Law or Environmental Law. For…
Bloomberg Businessweek Publishes Article on Potential CEQA Reform
On November 1, 2012, Bloomberg Businessweek published an article about significant CEQA reform that is anticipated to be proposed next legislative session. Thomas Law Group has been working closely with Senator Michael Rubio in regard to the potential reform. Please see the Bloomberg Business week article here: http://www.businessweek.com/news/2012-11-01/california-environmental-law-marked-for-biggest-change-since-70
Court Creates a Split in Authority by Holding a City was Compelled to Place a Voter-Backed Initiative on the Ballot Unless it Could Complete CEQA Review Within Election Law Time Limits
In Tuolumne Jobs & Small Business Alliance v. Superior Court of Tuolumne County (2012) 2012 Cal.App.LEXIS 1138 (Tuolumne Jobs), the Fifth District Court of Appeal clarified that an effort by registered voters to qualify an initiative petition for the ballot does not foreclose the need for CEQA review unless the voters approve the…
Placing a Measure on the Ballot to Establish Competitive Bidding for Trash Service Contracts is not a Project under CEQA
In Chung v. City of Monterey Park, (2012) Cal.App. LEXIS 1097, the Second District Court of Appeal upheld a trial court’s ruling that Measure BB, a City of Monterey Park municipal ballot measure, was not a project subject to CEQA and therefore the measure did not require environmental review before being placed on the…
EIR Found Deficient With Regard to Water Supply Impacts and Deferred Butterfly Mitigation
In Preserve Wild Santee v. City of Santee (2012) 2012 Cal. App. LEXIS 1091, petitioners challenged the City of Santee’s (City) certification of a final environmental impact report (EIR) for a development project in the City, claiming the project violated the California Environmental Quality Act (CEQA) in several ways. The trial court found merit in…
Third District Court of Appeal Holds “Fair Argument” Standard of Review Applies to Determine Whether there is a Reasonable Possibility of Significant Effect to Trigger the Unusual Circumstances Exception to a CEQA Categorical Exemption
In a showing of solidarity with the First District Court of Appeal in its recent ruling in the Berkeley Hillside Preservation v. City of Berkeley (2012) 203 Cal.App.4th 656 case (currently pending review by the Supreme Court), the Third District Court of Appeal slapped the hand of the El Dorado Irrigation District (EID) for increasing…
Ninth Circuit Finds EPA’s Final Determinations Regarding California’s Revised SIP Arbitrary and Capricious
In Association of Irritated Residents v. United States Environmental Protection Agency (2012) 686 F.3d 668, the Ninth Circuit Court of Appeals found the Environmental Protection Agency’s (EPA) final decision with regard to California’s Revised State Implementation Plan (SIP) under the Clean Air Act (Act) arbitrary and capricious. The court therefore granted the petition and remanded…
Ninth Circuit Upholds NMFS’s Review and Approval of the Pacific Council’s Program for the Better Management of the Pacific Coast Groundfish Fishery
In Pacific Coast Federation of Fishermen’s Association v. Rebecca M. Blank (2012) 2012 U.S. App. LEXIS 18974, the Ninth Circuit Court of Appeals concluded that the National Marine Fisheries Service (Service) complied with the Magnuson-Stevens Fishery Conservation and Management Act (MSA) and the National Environmental Policy Act (NEPA) when it adopted changes to the Pacific…