Category: Cumulative Impacts

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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 Resort … 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

Supreme Court Rejects the California State University System’s Erroneous Interpretation of City of Marina v. Board of Trustees of California State University (2006) 39 Cal.4th 341 Regarding its Duty to Mitigate Off-Campus Impacts

After months of anticipation, the Supreme Court issued its ruling on City of San Diego v. Trustees of the California State University, S199557, affirming the appellate court’s ruling that the California State University (CSU) should have evaluated one or more possible project modifications to its Project to reduce or avoid unmitigated off-site traffic impacts. The … 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In an unpublished decision, Delucchi v. County of Colusa, 2015 Cal.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 Upholds EIR for Perris Dam Remediation Project in Riverside County

In Paulek v. California Department of Water Resources, 2014 Cal. App. LEXIS 999, the Court of Appeal for the Fourth District upheld the trial court’s denial of a writ of mandate challenging the Department of Water Resources’ (Department) approval of an environmental impact report (EIR) for a dam remediation project at Perris Dam in Riverside … Continue Reading

Appellate Court Upholds CEQA Exemption for New Fiber-Optic Cable Utility Boxes in San Francisco

In an unpublished decision in San Francisco Beautiful v. City and County of San Francisco, 2014 Cal. App. Unpub. LEXIS 3108, the First District Court of Appeal affirmed the denial of a writ of mandate challenging the City and County of San Francisco’s decision to approve AT&T’s installation of 726 metal utility boxes without requiring … Continue Reading

City Properly Analyzed Community Park Project Separately from Adjacent Housing Development

In Banning Ranch Conservancy v. City of Newport Beach (2012) 2012 Cal.App.LEXIS 1259, the Fourth District Court of Appeal issued a decision upholding the trial court’s denial of Banning Ranch Conservancy’s challenge to the City of Newport Beach’s (City) environmental impact report (EIR) for Sunset Ridge Park (Park Project).  Petitioner alleged that the Park EIR … Continue Reading

Appellate Court Upholds EIR Given its Discrepancies Are Minor and Present No Risk of Prejudice to the Environmental Review Process

In Mount Shasta Bioregional Ecology Center v. County of Siskiyou (2012) 210 Cal.App.4th 184, Siskiyou County (County) approved a project to expand an existing wood veneer manufacturing facility for the cogeneration of electricity for resale.  The Mount Shasta Bioregional Ecology Center and the Weed Concerned Citizens (Plaintiffs) sought a writ of mandate against County claiming … Continue Reading

Appellate Court Does Not Review City’s Nonpecuniary Interests to Determine If City Qualifies for Attorney Fees, But Rather Bases Award of Fees on Number of Issues Won

In City of Maywood v. Los Angeles Unified School District (2012) __ Cal.App.4th __ (Case No. B233739), the City of Maywood (City) filed a petition for writ of mandate to overturn the Los Angeles Unified School District’s (LAUSD) certification of a final environmental impact report (FEIR) prepared for a high school. The Second District Court … Continue Reading

Appellate Court Upholds City’s Approval of Large Commercial Project Even with Unknown Impacts on Greenhouse Gas Emissions, Deferred Mitigation, and Rejected Alternative

UPDATE: On August 27, 2012, the Fourth Appellate District Court certified Rialto Citizens for Responsible Growth v. City of Rialto (2012) 2012 Cal. App. LEXIS 849 for full publication. In a decision certified for partial publication, Rialto Citizens for Responsible Growth v. City of Rialto (2012) 2012 Cal. App. LEXIS 849, the Fourth Appellate District … Continue Reading

Citizens for East Shore Parks v. California State Lands Commission (2011) 202 Cal. App. 4th 549

Petitioner petitioned for a writ of mandate, claiming that the California State Lands Commission (Commission) failed to comply with CEQA and the public trust doctrine in approving Chevron’s lease renewal for a marine terminal. The Superior Court denied the petition. Petitioner appealed to the First District Court of Appeal, which upheld the lower court’s decision. … Continue Reading

Agencies Can Make Adjustments to Environmental Baseline Early in the Review Process

In Citizens for East Shore Parks v. California State Lands Commission (Dec. 30, 2011) 202 Cal.App.4th 549, a citizen group challenged the California State Lands Commission’s (Commission) approval of a lease renewal for Chevron’s marine terminal in the San Francisco Bay near its refinery in Richmond, California.  At the onset of the review process, the … Continue Reading
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