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The plaintiff challenged the City’s approval and construction of a retail-cinema redevelopment project in the City’s downtown. While the lawsuit was pending before the Superior Court the plaintiff did not seek a temporary injunction or stay and, as a result, the project was fully constructed before the Superior Court issued its ruling in favor of…

Duke Energy (now Dynergy) applied to renew its NPDES permit for its Moss Landing Power Plant (MLPP). The Central Coast Regional Water Quality Control Board (Regional Board) issued a revised NPDES permit, determining that the MLPP cooling water intake system represented the “best technology available” (BTA), as required under the Clean Water Act. Voices of…

An association of plastic bag manufacturers challenged the city’s negative declaration, claiming the city’s ordinance prohibiting the distribution of plastic bags would have significant environmental impacts resulting from an increased use of paper bags, and thus alleged an environmental impact report (EIR) was required.  The California Supreme Court issued a decision addressing two issues.  First,…

Preparation of the administrative record for CEQA litigation is governed by Public Resources Code section 21167.6, subdivision (e).  In Consolidated Irrigation District v. The Superior Court of Fresno County, (2012) ___ Cal.App.4th_____, the court provided important guidance regarding the proper contents of the record and sets some limitations on an agency’s responsibility to respond…

In Abatti v. Imperial Irrigation District (2012) 2012 Cal.App. LEXIS 496, the court considered whether the substantial evidence, rather than the “fair argument,” test applies to determine whether further environmental review is warranted for a subsequent approval where the agency has initially adopted a negative declaration for the project.

In 2006, the irrigation district adopted…

In Sierra Club v. Napa County Board of Supervisors (2012) 2012 Cal.App. LEXIS 454, the Sierra Club challenged a lot line adjustment ordinance adopted by Napa County, which allowed lot line adjustments under the Subdivision Map Act on parcels that had previously been adjusted, as long as the prior lot line adjustment has been completed…

In City of Malibu v. California Coastal Commission (2012) ___ Cal.App.4th ___, the California Court of Appeal, Second District, considered whether California Public Resources Code section 30515, known as the override provision of the Coastal Act, allows a public works agency to apply to the Coastal Commission to override policies and standards in a locality’s…

In Jamulians Against the Casino v. Iwasaki (2012) ___ Cal.App.4th ___, petitioner alleged that a settlement agreement entered between Jamul Indian Village and Caltrans constituted a discretionary approval of a CEQA project by Caltrans.  The settlement agreement at issue disposed of a federal lawsuit between those parties relating to the application of CEQA to the…

On April 23, 2012, the Planning and Conservation League (PCL) filed a lawsuit challenging the constitutionality of Assembly Bill No. 900 (2011-2012 Reg. Sess.) (see Conservation League v. State of California, RG12626904 (Alameda Sup. Ct.) available at http://www.cnsenvironmentallaw.com/2012/04/26/Conservation.pdf.) AB 900 requires CEQA litigation challenging eligible projects to skip over the superior court and…