Category: Alternatives

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Design Changes to State Capitol Renovation Revealed in FEIR Did Not Adequately Allow for Public Input or Informed Decision-Making

In Save Our Capitol! v. Department of General Services (Jan. 18, 2023, C096617, C096637) __Cal.App.5th__, the Third District Court of Appeal held that the Department of General Services violated CEQA when certain design changes to the State Capitol renovation (Project) were not revealed until the final EIR (FEIR), preventing the public from commenting on the … Continue Reading

Impact Analysis and Mitigation May Be Located in Initial Study Appended to EIR; City Entitled to Deference on Interpretation of Its Municipal Code

In Ocean Street Extension Neighborhood Assn. v. City of Santa Cruz (2021) 73 Cal.App.5th 985, the Fourth District Court of Appeal upheld the trial court’s determination that the City of Santa Cruz (City) had complied with CEQA in approving a 32-unit residential project (Project) and overturned the trial court’s ruling that the City had violated … Continue Reading

Sixth District Court of Appeal Upholds Adoption of Environmentally Superior Alternative Project Including Reduced Percentage of Affordable Housing

In Carmel Valley Ass’n v. County of Monterey (2021) 2021 Cal.App.Unpub. LEXIS 3286, the Sixth District Court of Appeal reversed a decision granting a petition of mandate against the County of Monterey’s (County) approval of an environmentally superior alternative to a proposed mixed-use residential subdivision project (Project). The decision was issued on May 19, 2021, … Continue Reading

First District Court of Appeal Reverses Upper Truckee River Restoration and Golf Course Reconfiguration Project, Citing Lack of Identified Preferred Alternative

In Washoe Meadows Community v. Department of Parks and Recreation (2017) 17 Cal.App.5th 277, the First District Court of Appeal reversed the California Department of Parks and Recreation’s (“Department”) approval of the Upper Truckee River Restoration and Golf Course Reconfiguration Project (“Project”), finding that the failure to identify a preferred alternative in the Draft EIR … Continue Reading

First District Court of Appeal Considers Certified Regulatory Programs’ Potential Mitigation Measure Disclosure Standards

In Living Rivers Council v. State Water Resources Control Board (2017) 15 Cal.App.5th 991, the First District Court of Appeal upheld the State Water Resources Control Board’s (“Board”) approval of a policy to maintain instream flows of Northern California coastal streams (“Policy”) for the purposes of water rights administration under Water Code section 1259.4. While … Continue Reading

THIRD DISTRICT PUBLISHES OPINION IN INVASIVE SPECIES EIR CASE

On January 4, 2016, the Third Appellate District published its opinion in North Coast Rivers Alliance v. Kawamura, 2015 Cal. App. LEXIS 1178. In the opinion, the court found a programmatic EIR for a program to deal with the invasive light brown apple moth to be inadequate.  Because of the EIR’s “artificially narrow” project objective … Continue Reading

SECOND APPELLATE DISTRICT UPHOLDS EIR FOR PROPOSED UCLA CONFERENCE CENTER

In an unpublished opinion, Save Westwood Village v. Regents of the University of California, 2015 Cal. App. Unpub. LEXIS 9281, the Second Appellate District affirmed the trial court’s rulings and rejected several CEQA challenges to the UC Regents’ approval of the Meyer and Renee Luskin Conference and Guest Center on the UCLA campus. As noted … Continue Reading

THIRD APPELLATE DISTRICT FINDS EIR FOR INVASIVE SPECIES EFFORTS INADEQUATE

In an unpublished opinion, North Coast Rivers Alliance v. Kawamura, 2015 Cal. App. Unpub. LEXIS 8760, the Third Appellate District reversed the trial court’s rulings and found a programmatic EIR certified by California Department of Food and Agriculture (CDFA) for a seven-year program to deal with the invasive light brown apple moth (LBAM) to be … Continue Reading

SECOND APPELLATE DISTRICT REJECTS CHALLENGES TO THE CITY OF RIVERSIDE’S APPROVAL OF ELECTRIC POWER TRANSMISSION PROJECT

In an unpublished opinion, City of Jurupa Valley v. City of Riverside, 2015 Cal. App. Unpub. LEXIS 7978 the Second Appellate District affirmed the trial court’s decision to deny the City of Jarupa Valley’s mandamus petition.  The project involved the creation of a transmission line, two substations, and several subtransmission lines to deliver power throughout … Continue Reading

FEDERAL COURT GRANTS SUMMARY JUDGMENT ON MOST CLAIMS TO LOCAL AND FEDERAL AGENCIES FOR CEQA AND NEPA CHALLENGES TO LOS ANGELES LIGHT RAIL PROJECT

In Crenshaw Subway Coalition v. Los Angeles County Metropolitan Transportation Authority, 2015 U.S. Dist. LEXIS 143642, the United States District Court for the Central District of California granted summary judgment on all but one claim in favor of the Los Angeles Metropolitan Transportation Authority (“Metro”) and the Federal Traffic Administration (“FTA”) against Crenshaw Subway Coalition’s … Continue Reading

Double Dribble: Court Rejects Second CEQA Lawsuit Over the Downtown Sacramento Arena

In Saltonstall v. City of Sacramento, 2015 Cal. App. LEXIS 150, the California Third District Court of Appeal affirmed the trial court’s denial of a writ of mandate challenging the environmental impact report (EIR) for an arena in downtown Sacramento (arena project) and held the City of Sacramento (City) did not prematurely commit itself to … Continue Reading

Court Holds County’s Abandonment of Rights-of-Way is Not a Project Under CEQA

In an unpublished decision, Delucchi v. County of Colusa, 2015 Cal. App. Unpub. LEXIS 231, the California Third District Court of Appeal denied a petition for a writ of mandate challenging Colusa County’s abandonment of purported public rights-of-way and held the abandonment did not constitute a project under the California Environmental Quality Act (CEQA). The … Continue Reading

Appellate Court Denies Writ Challenging EIR for Expansion of Marin County Landfill

In an unpublished opinion in No Wetlands Landfill Expansion v. County of Marin, 2014 Cal. App. Unpub. LEXIS 8866, the California Court of Appeal for the First Appellate District denied a petition for a writ of mandate challenging the environmental impact report (EIR) for a proposed landfill expansion in Marin County. The court affirmed in … Continue Reading

ALL ABOARD! – High Speed Rail Moves Forward with Bay Area to Central Valley Route After Appellate Court Approval

In Town of Atherton v. Cal. High-Speed Rail Authority, (2014) Cal. App. LEXIS 670, the Court of Appeal for the Third District upheld the final program environmental impact report (EIR) for the segment of the California High Speed Rail project linking the San Francisco Bay Area to the Central Valley. In the EIR, the California … Continue Reading

Court Upholds Discussion of Project Objectives and Alternatives in an EIR for an Infill Project in San Diego

In an unpublished decision in Save Our Heritage Organisation v. County of San Diego, (2014) Cal. App. Unpub. LEXIS 5121, the Court of Appeal for the Fourth District reversed the trial court and ordered the trial court to deny a writ of mandate challenging the adequacy of the environmental impact report (EIR) for a mixed-use … Continue Reading

California Appellate Court Upholds Expansion Plan for Landfill in Suisun Marsh

In SPRAWLDEF v. San Francisco Bay Conservation & Development Commission, 2014 Cal. App. LEXIS 469, the Court of Appeal for the First Appellate District reversed the trial court’s decision to grant a petition for a writ of mandate challenging the San Francisco Bay Conservation and Development Commission’s approval of an expansion plan for the Potrero … Continue Reading

The Writing on the Wall – Court Denies Writ of Mandate Challenging Library Project

In the unpublished case Friends of Appleton-Wolfard Libraries v. City and County of San Francisco, (2014) Cal. App. Unpub. LEXIS 3384, the Court of Appeal for the First District upheld the trial court’s denial of a writ of mandate challenging the City’s certification of a Final Environmental Impact Report (EIR). The project consists of developing … Continue Reading

COURT FINDS PROGRAMMATIC EIR FOR RETAIL DEVELOPMENT INCLUDED INADQUATE ANALYSIS OF URBAN DECAY AND ENERGY IMPACTS

In California Clean Energy Committee v. City of Woodland, 2014 Cal. App. LEXIS 300, certified for partial publication on April 1, 2014, the Third District Court of Appeal reversed the trial court’s denial of a petition for writ of mandate to vacate the City of Woodland’s certification of an EIR for a regional shopping center. … Continue Reading

Court Rejects CEQA and Williamson Act Challenges to a San Benito Solar Power Project

In Save Panoche Valley v. San Benito County, the Court of Appeal for the Sixth Appellate District affirmed a ruling denying a petition for a writ of mandate alleging violations of CEQA in San Benito County’s (County) approval of a solar power project and related cancellation of Williamson Act contracts. This decision follows on the … Continue Reading

Glendora Wal-Mart Expansion is a Go—Court Finds the EIR Not in Violation of CEQA

In Creed 21 v. City of Glendora (Feb. 19, 2013) 2013 Cal.App.Unpub.LEXIS 1193, the Second District Court of Appeal upheld the trial court’s denial of Creed-21’s (Creed) petition for a writ of mandate against the City of Glendora.  Creed contended the Environmental Impact Report (EIR) for the approval of an expansion of an existing Wal-Mart … Continue Reading

Tahoe Resort Expansion Delayed for Improper CEQA Alternatives Analysis

In Sierra Club v. Tahoe Regional Planning Agency (January 4, 2013) U.S. Dist. LEXIS 1628, the U.S. Court for the Eastern District of California granted the plaintiffs’ motion for summary judgment, finding a proposed project’s alternatives analysis violated the California Environmental Quality Act (CEQA).  The court ordered the defendants to delay construction until a legally … Continue Reading

Sixth District Thirsty for a More Robust Alternatives Analysis

In Habitat v. City of Santa Cruz (Feb. 19, 2013) 2013 Cal.App.LEXIS 128, the Sixth District Court of Appeal reversed the trial court decision and ordered the City of Santa Cruz (City) to vacate its certification of the final EIR and approval of a project because the EIR failed to discuss any feasible project alternatives … Continue Reading

Better Wear Your Helmet – Bicycle Plan Update Collides with CEQA

In 1997, the City of San Francisco adopted the City’s Bicycle Plan.  In 2005, the San Francisco Board of Supervisors directed its staff to prepare an update to the City’s Bicycle Plan.  Initially, the City determined the Bicycle Plan Update did not require further CEQA review.  This determination resulted in Rob Anderson and two unincorporated … Continue Reading

Court Hauls Private Road Project Back to County for Further Environmental Review

In an unpublished decision, Forest Tull v. Yuba County (Jan. 11, 2013) 2013 Cal.App.Unpub.LEXIS 247, Forest and Bobbie Tull (the Tulls), challenged Yuba County’s (County) certification of an EIR for a gravel haul road proposed by Teichert & Sons (Teichert).  The Tulls alleged that the EIR failed to consider feasible alternate routes for the haul … Continue Reading
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