On March 22, 2022, the Second District Court of Appeal published its Opinion in Buena Vista Water Storage District v. Kern Water Bank Authority, upholding the Environmental Impact Report (EIR) for the Kern Water Bank Authority’s Conservation and Storage Project (“Project”) and reversing the trial court’s ruling. The Project proposes to divert up to 500,000 … 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In the unpublished opinion, Southwest Reg’l Council of Carpenters v. City of L.A. (Mar. 7, 2022, B301374) [nonpub.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
On March 22, 2018, the Second Appellate District certified for publication its opinion in Covina Residents for Responsible Development v. City of Covina, et al. (2018) 230 Cal.Rptr.3d 550, concerning a Mitigated Negative Declaration (MND) for a proposed 68-unit, mixed-use, infill project located one quarter mile from the Covina Metrolink commuter rail station in the … Continue Reading
Today, in an opinion authored by Justice Liu, the California Supreme Court ruled that the greenhouse gas analysis in an environmental impact report (“EIR”) prepared for the San Diego Association of Government’s (“SANDAG”) regional transportation plan (“RTP”) did not violate the California Environmental Quality Act (“CEQA”), but did little to resolve uncertainties in addressing climate … Continue Reading
I am pleased to announce that both Christian Marsh and I will be participating in panel discussions at the Association of Environmental Professionals’ 2017 State Conference, entitled “Bridging the Gap” and taking place in San Francisco from May 18 through May 21 (view schedule of events). As stated by AEP, “the conference seeks to ‘bridge … Continue Reading
On October 7, I had the privilege of presenting the annual CEQA and Land Use Litigation Update at the League of California Cities’ Annual Conference & Expo in Long Beach. The Annual Conference is the state’s largest gathering of city officials from throughout California, and addresses a host of cutting-edge legal issues in the field … Continue Reading
On September 19, in a long-awaited and unanimous decision, the California Supreme Court issued its decision in Friends of the College of San Mateo Gardens v. San Mateo County Community College District. The opinion, authored by the Court’s newest justice, Leondra Kruger, resolves a split among the Courts of Appeal regarding the proper procedures for … Continue Reading
As discussed in a prior post, Downey Brand recently prevailed on appeal and successfully defended one of its clients against a challenge to its proposed commercial development project in Modesto. The Fifth District Court of Appeal originally issued an unpublished opinion in Naraghi Lakes Neighborhood Preservation Association v. City of Modesto, but on July 1 … Continue Reading
The City of Modesto and Downey Brand client Berberian Holdings, L.P. (“Berberian”), have prevailed in a legal challenge to a commercial development project proposed by Berberian. On June 7, the Fifth District Court of Appeal issued a 45-page unpublished opinion in the action (Naraghi Lakes Neighborhood Preservation Association v. City of Modesto), affirming the Stanislaus … Continue Reading
I recently had the privilege of presenting the annual CEQA and Land Use Litigation Update at this year’s League of California Cities City Attorneys’ Spring Conference in Newport Beach. The annual conference is attended by more than 450 city attorneys and other legal professionals from across California, and addresses a host of cutting-edge legal issues … Continue Reading
In a series of sweeping opinions, the Fourth Appellate District on Tuesday, May 10, upheld the Cadiz Valley Water Conservation, Recovery and Storage Project against six separate challenges brought by a host of environmental organizations and a salt mining operation. The Cadiz Project, initiated by the Santa Margarita Water District (SMWD) and Cadiz, Inc. in … Continue Reading
