In the partially published Crenshaw Subway Coalition v. City of Los Angeles (2022) 75 Cal.App.5th 917, the Second District Court of Appeal affirmed the trial court’s judgment dismissing the claims of Crenshaw Subway Coalition (Coalition) alleging that the City of Los Angeles and the City Council (collectively, City), represented by the Thomas Law Group on the … Continue Reading
In the unpublished opinion, Southwest Reg’l Council of Carpenters v. City of L.A. (Mar. 7, 2022, B301374) [nonpub. opn.], the Second District Court of Appeal agreed with the City of Los Angeles (City), represented by Thomas Law Group, that an EIR for a mixed-use commercial and residential development (Project) contained an adequate project description and … Continue Reading
In reviewing whether the City of Sacramento complied with a peremptory writ of mandate issued by the Sacramento Superior Court (East Sacramento Partnership for a Livable City v. City of Sacramento (2016) 5Cal.App.5th 281 (ESPLC I)), the Third District Court of Appeal ruled that the City had explained and provided substantial evidence supporting both its … Continue Reading
In Bridges v. Mt. San Jacinto Community College District (2017) 14 Cal.App.5th 104, the Fourth District Court of Appeal affirmed the trial court and upheld Mt. San Jacinto Community College District’s (“College”) purchase agreement for approximately 80 acres of unimproved land in the City of Wildomar (“Property”), located about a mile southwest of Interstate 15. Over … Continue Reading
In Respect Life S. San Francisco v. City of South San Francisco, 2017 Cal. App. LEXIS 801, the First Appellate District held that the City of South San Francisco’s approval of a conditional-use permit allowing an office building to be converted to a medical clinic did not violate requirements imposed by the California Environmental Quality … Continue Reading
In Pesticide Action Network North America v. California Department of Pesticide Regulation, 2017 Cal. App. LEXIS 803, the First Appellate District reversed the trial court and set aside the Department of Pesticide Regulation’s (“DPR”) approval of amended labels for two pesticides, Dinotefuran 20SG and Venom Insecticide. The purpose of the amended labels was to allow … Continue Reading
On February 28, 2017, President Trump singed an executive order (“Order”) intended to roll back a rule promulgated by the U.S. Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) (collectively “Agencies”) under the Clean Water Act (CWA), known as the Waters of the United States (WOTUS) Rule (“Rule”). Noting that EPA can … Continue Reading
In California Chamber of Commerce, et al., v. State Air Resources Board, et al. (2017) 10 Cal.App.5th 604, the Third Appellate District affirmed the trial court and rejected challenges to a cap-and-trade program developed by the State Air Resources Board (“CARB”) under the California Global Warming Solutions Act of 2006 (“AB 32”). The program imposes … Continue Reading
In Poet v. State Air Resources Board (2017) 12 Cal.App.5th 52, the Fifth Appellate District held that the Air Resources Board (ARB) violated several procedural requirements imposed by the California Environmental Quality Act (CEQA) and the California Administrative Procedure Act (APA) through noncompliance with a previous writ compelling the agency to address its NOx emissions … Continue Reading
In United Auburn Indian Community of the Auburn Rancheria v. Brown (2016) 4 Cal.App.5th 36, the Third Appellate District affirmed the trial court and rejected challenges to Governor Brown’s concurrence in a determination made by the Secretary of the Interior (“Secretary”) concerning the Enterprise Rancheria of Maidu Indians of California’s (“Enterprise Tribe”) request to acquire … Continue Reading
On December 15, 2016, the Supreme Court filed, Orange Citizens for Parks & Recreation v. Superior Court (2016) __ Cal.App.5th __ (2016 Cal. LEXIS 9595), a unanimous opinion finding a 39-unit residential development project proposed on 50 acres of land in the foothills of the Santa Ana Mountains could not be found consistent with the … Continue Reading
In Mission Bay Alliance v. Office of Community Investment & Infrastructure (2016) 6 Cal. App. 5th 160, the First Appellate District affirmed the trial court’s ruling that the Office of Community Investment and Infrastructure (OCII) complied fully with CEQA in approving a proposed 488,000-square foot multipurpose event center, which would serve as the Golden State … Continue Reading
In an unpublished opinion, Ventura Realty & Investment Company v. City of San Buenaventura, 2016 Cal. App. Unpub. LEXIS 7486, the Second Appellate District affirmed the trial court’s rulings and upheld the City of San Buenaventura’s (City) approval of changes to a plan to redevelop a 15-acre hospital district (Hospital Plan) proposed by Community Memorial … Continue Reading
In an unpublished opinion, Fudge v. California Coastal Commission, 2016 Cal. App. Unpub. LEXIS 8765, the Second Appellate District affirmed the trial court’s rulings granting the City of Laguna Beach’s (City) demurrer to several causes of action in a lawsuit challenging actions by the City and Coastal Commission concerning a project proposed by Laguna Beach … Continue Reading
On July 18, 2016, in a 54-page opinion, Judge Wong of the San Francisco Superior Court delivered a decisive victory to the respondents and real parties in interest in the litigation concerning the proposed Golden State Warriors arena in Mission Bay Alliance v. Office of Community Investment and Infrastructure. Thomas Law Group represented the Office … Continue Reading
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 River … Continue Reading
Petition for Review Granted July 9, 2014 Current Status Fully briefed by the parties as of November 26, 2014. Amicus briefing complete as of March 16, 2015. The Court Ordered the Attorney General, or an appropriate state agency to be identified by the Attorney General, to serve and file an amicus curiae brief on or … Continue Reading
In an opinion issued April 9, 2015, Sacramento Superior Court Judge Timothy Frawley denied a petition for a writ of mandate challenging the environmental impact report (EIR) for the McKinley Village infill development project in East Sacramento. The court also rejected petitioner’s argument that McKinley Village conflicted with the City of Sacramento’s General Plan. Thomas … Continue Reading
On July 2, 2014, Judge Evelio Grillo of the Alameda County Superior Court issued a 30-page decision in Bay Area Citizens v. Assn. of Bay Area Governments, et al (Case No. RG13690631), upholding approval of Plan Bay Area by the Association of Bay Area Governments and Metropolitan Transportation Commission. Plan Bay Area is the regional … Continue Reading
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 … Continue Reading
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 … Continue Reading
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 … Continue Reading
On Thursday, November 14, 2013, the California Public Utilities Commission (Commission) unanimously approved the award of almost $1.5 million to the Avondale-Glen Elder Neighborhood Association (AGENA) to reimburse expenses incurred in its approximately 5-year battle to oppose the Sacramento Natural Gas Storage, LLP (SNGS) proposal to store 8 billion cubic feet of natural gas underneath … Continue Reading
On December 13, 2012, Judge Timothy M. Frawley of the Sacramento Superior Court upheld the City of Sacramento’s and LAFCO’s 2008 approval of project entitlements and certification of the EIR for the 577-acre Greenbriar development project in Natomas. The City Council and LAFCO voted to approve the project and annex a section of land into … Continue Reading
