In Lucas v. City of Pomona (2023) 92 Cal.App.5th 508, the Second District of the Court of Appeal affirmed the trial court’s decision that the City of Pomona’s (“City”) application of the statutory exemption under CEQA Guidelines section 15183 was proper for approval of a zoning overlay district for commercial cannabis activities (the “Project”). Applying
The Fourth District Court of Appeal, in Olen Properties Corp. v. City of Newport Beach (2023) ___Cal.App.5th___, upheld the City of Newport Beach’s approval of a 312-unit apartment complex challenged by a neighboring commercial development owner. To comply with CEQA, the City of Newport Beach prepared an addendum to an existing environmental impact report
In Tulare Lake Canal Company v. Stratford Public Utility District (2023) 92 Cal.App.5th 380, the Fifth District Court of Appeal reversed and remanded a trial court order denying a preliminary injunction to halt the construction of a water pipeline through an easement granted by the Stratford Public Utilities District (SPUD) without first undergoing environmental review.
In Claremont Canyon Conservancy v. Regents of the University of California (2023) __Cal.App.5th__, two organizations, the Claremont Canyon Conservancy and the Hills Conservation Network, filed petitions for writ of mandate challenging the adequacy of an Environmental Impact Report (EIR) under CEQA (the California Environmental Quality Act) for a plan to conduct a Wildland Vegetative Fuel Management Plan to decrease wildfire risk at the University of California, Berkeley’s Hill Campus. Consolidated in the trial court, the petitions asserted that the EIR’s project description and discussion of environmental impacts were inadequate, arguing that the EIR lacked important details about the precise number of trees to be removed under the Plan. The trial court agreed, and halted the Plan. In a dramatic turn, the Court of Appeal reversed, finding that “the EIR include[d] sufficient detail to enable the public to understand the environmental impacts associated with the Regents’ plan to remove vegetation in specific locations on the Hill Campus to reduce wildlife risk.” The case helps settle the level of detail required in an EIR’s project description, particularly where some details may be subject to refinement when implementing the project.
Governor Gavin Newsom announced proposed major new infrastructure permitting reforms on May 19, 2023 in an effort to create thousands of jobs and build California’s clean energy future. The eleven-bill package seeks to expedite certain water, transportation, clean energy, semiconductor, and microelectronics projects, including water recycling and desalination plants, solar fields, offshore wind farms, the Sites Reservoir Project in the Sacramento Valley, and the plan to build a tunnel to transport water to Southern California beneath the Sacramento-San Joaquin River Delta (the Delta Conveyance Project). A Senate budget committee found the package was too complex for last-minute consideration before the June 2 cutoff for bills to pass out of their house, but there is still some hope that the plan could move forward.
In Committee to Relocate Marilyn v. City of Palm Springs (2023) __Cal.App.5th__, the Fourth District Court of Appeal held that the petition filed by the Committee to Relocate Marilyn (Committee), challenging the determination by the City of Palm Springs (City) to issue a Notice of Exemption (NOE) for an art installation on a public
In Save Livermore Downtown v. City of Livermore (2022) 87 Cal.App.5th 1116, the First District Court of Appeal held that the City of Livermore (City) did not violate planning and zoning laws when it approved a 130-unit affordable housing project (Project) in the downtown area. The Project was found to be exempt under CEQA
In Citizens’ Committee to Complete the Refuge v. City of Newark (2021) 74 Cal.App.5th 460, the First District Court of Appeal affirmed the trial court’s ruling that a residential project in a specific plan area in the city of Newark fell within Government Code section 65457, a statutory exemption under CEQA for residential development
On March 30, 2022, the First District Court of Appeal published its opinion in Save the Hill Group v. City of Livermore (2022) 76 Cal.App.5th 1092, invalidating an Environmental Impact Report (“EIR”) for the Garaventa Hills Project (“Project”) because it failed to disclose the feasibility of funding sources or rezoning that could allow the
On April 19, 2022, the Biden administration finalized a new rule (“Final Rule”) rolling back the Trump administration’s 2020 changes limiting the scope of the National Environmental Policy Act (NEPA). The Final Rule re-establishes the prior broader scope of NEPA review, restores key provisions of NEPA that existed prior to 2020, and requires