In Preserve Wild Santee v. City of Santee (2012) 2012 Cal. App. LEXIS 1091, petitioners challenged the City of Santee’s (City) certification of a final environmental impact report (EIR) for a development project in the City, claiming the project violated the California Environmental Quality Act (CEQA) in several ways. The trial court found merit in
Environmental Impact Report (EIR)
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…
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…
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.…
Madera Oversight Coalition, Inc. v. County of Madera (2011) 199 Cal.App.4th 48
Petitioner claimed the County of Madera’s (County) approval of a development project failed to comply with CEQA, Planning and Zoning Law, and the California Water Code. The Superior Court found for the Petitioner, holding that the EIR’s discussion of the water supply was inadequate. The Petitioner appealed to the Fifth District Court of Appeal claiming…
Oakland Heritage Alliance v. City of Oakland (2011) 195 Cal.App.4th 884
Petitioner challenged the City of Oakland’s (City) EIR for a mixed-use project claiming it failed to provide meaningful analysis of seismic impacts under CEQA. The trial court issued a writ of mandate ordering the City to compose a new EIR. The City submitted a revised EIR which the trial court found adequate, discharging the writ…
Santa Monica Baykeeper v. City of Malibu (2011) 193 Cal.App.4th 1538
Petitioner challenged the City of Malibu’s (City) approval of the Legacy Park project, a water treatment plant designed to reduce pollution and protect water quality at nearby beaches. After an unsuccessful appeal to the City Council, and denial of a writ at trial, the Petitioner appealed to the Second District Court of Appeal arguing that…
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…