On January 5, 2024, the Third District Court of Appeal, upheld the Department of Water Resources’ (“DWR’s”) approval of amendments to long-term contracts with local government agencies that receive water through the State Water Project in Planning and Conservation League, et al v. Department of Water Resources, et al, etc. (2024) 98 Cal.App.5th 726.
Baseline
Court Finds Site Visits and Reports Taken Before and After Issuance of NOP Adequate for Establishing Biological Resources Baseline, EIR’s Emergency Evacuation Analysis Upheld
Effective January 1, 2023, Thomas Law Group (TLG) will merge with Downey Brand. We are thrilled to welcome the TLG team to CEQA Chronicles and look forward to sharing their updates on important CEQA developments, new case law, legislation, and guidance.
In Save North Petaluma River and Wetlands v. City of Petaluma (2022) 86 Cal.App.5th…
Discretionary Reductions in Water Deliveries Allowed Under Terms of Existing Leases are not a New CEQA Project
In County of Mono v. City of Los Angeles (2022) 81 Cal.App.5th 657, the First District Court of Appeal held that a reduction in water deliveries by the City of Los Angeles (City) to lessees in Mono County (County) was not a new CEQA project, but was within the scope of existing leases.
In…
Another CEQA Victory for Conservation Groups in Tahoe, another GHG Mitigation Measure Held Inadequate
In League to Save Lake Tahoe Mt. Area Pres. Found. v. County of Placer (2022) 75 Cal.App.5th 63, the Third District Court of Appeal held that a land use specific plan and rezoning permit for commercial and residential development, including workforce housing, of forest land in the Martis Valley near the Northstar California Ski…
In Consolidated Appeals, Third District Upholds Multiple Trial Court Decisions in Decades-Long Litigation Over CEQA Review of State Water Project Contracts
In Central Delta Water Agency v. Department of Water Resources (2021) 69 Cal.App.5th 170, the Third District Court of Appeal considered three consolidated appeals arising out of long-term water contracts that have been the subject of repeated rounds of environmental review and litigation lasting decades. In each of the consolidated cases, the Court of Appeal set forth the respective trial courts’ reasoning and rulings at length, and affirmed them in full.
Hollywoodians Encouraging Rental Opportunities v. City of Los Angeles (2019) 37 Cal.App.5th 768, 772-773.
Hollywoodians Encouraging Rental Opportunities v. City of Los Angeles (2019) 37 Cal.App.5th 768, 772-773.
The owner of an occupied, 18-unit rent-stabilized apartment building sought to demolish and replace the structure with a condominium project. After the City adopted a mitigated negative declaration finding that the project would not have a significant effect on the environment…
SUPREME COURT DELAYS DEVELOPMENT OF NEWHALL RANCH PROJECT
On November 30, 2015, the Supreme Court issued its decision in Center for Biological Diversity v. California Department of Fish and Wildlife, 2015 Cal. LEXIS 1043, addressing Newhall Ranch, a proposed 12,000 acre development project. The Newhall Ranch Specific Plan area, located in northwestern Los Angeles County in a portion of the Santa Clara…
CITY OF SAN JOSE’S LANDFILL EIR UPHELD BY COURT
In an unpublished opinion, City of Milpitas v. City of San Jose, 2015 Cal. App. Unpub. LEXIS 8610, the Sixth Appellate District upheld the City of San Jose’s Environmental Impact Report (EIR) prepared for the Newby Island Sanitary Landfill and Recyclery. The programmatic EIR assessed the impacts of: (1) increasing the maximum elevation of the…
FIRST APPELLATE DISTRICT FINDS AGENCY APPROVAL OF 10-YEAR MINING LEASES FAILED TO PROPERLY CONSIDER THE PUBLIC TRUST DOCTRINE
In San Francisco Baykeeper Inc. v. California State Lands Commission, 2015 Cal. App. LEXIS 1024, the First Appellate District rejected several CEQA challenges to the California State Lands Commission (SLC)’s approval of 10-year sand mining leases, but reversed the trial court on this issue of whether SLC failed to properly consider the public trust…
NEW GUIDANCE ON BASELINES WHEN PROJECT IS REUSING OR REPLACING AN EXISTING BUILDING
On October 9, 2015, the Court of Appeal partially published the Fourth Appellate District’s opinion in North County Advocates v. City of Carlsbad (2015) 2015 Cal.App.LEXIS 891 (North County).
The published portion of the opinion discusses an important exception to the traditional baseline determination under the California Environmental Quality Act (CEQA). Generally, the…