Category: Exhaustion of Administrative Remedies

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First District Affirms Denial of Anti-SLAPP Motion in a Malicious Prosecution Action Filed Against CEQA Petitioner’s Attorney   

By Breana M. Inoshita and Kathryn L. Oehlschlager on Posted in Exemptions, Exhaustion of Administrative Remedies, Litigation
In Jenkins et al. v. Brandt-Hawley et al. (1st Dist., Div. 2, 2022) ___ Cal.App.5th ___, the First District Court of Appeal found that CEQA suits can be subject to malicious prosecution actions.  The Court of Appeal upheld an order denying an anti-SLAPP motion, allowing a malicious prosecution action to proceed against an attorney who … Continue Reading

Exhausting Administrative Remedies Does Not Toll the Statute of Limitations When the CEQA Determination Is Not at Issue

By Dustin D. Peterson, Tina Thomas and Amy R. Higuera on Posted in Exhaustion of Administrative Remedies, Procedural Issues
Effective January 1, 2023, Thomas Law Group (TLG) will merge with Downey Brand. We are thrilled to welcome the TLG team to CEQA Chronicles and look forward to sharing their updates on important CEQA developments, new case law, legislation, and guidance. In American Chemistry Council v. Dept. of Toxic Substances Control (Nov. 18, 2022, F082604) __Cal.App.4th__ [2022 … Continue Reading

First District Invalidates Garaventa Hills EIR for Improperly Classifying No-Project Alternative of Preserving Residentially-Zoned Land as Infeasible

By Christian L. Marsh and Natalie C. Kirkish on Posted in CEQA Guidelines, Environmental Impact Report (EIR), Exhaustion of Administrative Remedies, Impact Analysis, Litigation
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 City … Continue Reading

Fifth District Upholds Grant of Petition Challenging Inyo County’s Use of Eminent Domain to Acquire Ownership of Landfill Sites it Leases and Operates Under a Categorical Exemption

By Samuel D. Bacal-Graves on Posted in Exemptions, Exhaustion of Administrative Remedies, Procedural Issues, Remedies
In Los Angeles Dept. of Water & Power v. County of Inyo (2021) 67 Cal.App.5th 1018, the Fifth District considered a challenge to a decision by Inyo County (County) to acquire landfill sites owned by the Los Angeles Department of Water and Power (LADWP) through eminent domain. In the published portion of the opinion, the Court … Continue Reading

Fourth District Finds Failure to Evaluate Consistency with CAP Rendered MND Incomplete Despite no Fair Argument of Inconsistency; Rejects Piecemealing, Project Description, and Aesthetic Impacts Claims, and Others as Barred by a Failure to Exhaust Administrative Remedies

By Dustin D. Peterson on Posted in Aesthetics, Exhaustion of Administrative Remedies, Greenhouse Gas Emissions, Negative Declaration, Procedural Issues, Project Description/Piecemealing
In McCann v. City of San Diego (2021) 70 Cal.App.5th 51, the Fourth District Court of Appeal found that the Plaintiff, Margaret McCann (McCann), was barred from bringing a judicial action challenging the City’s approval of projects for undergrounding utility lines because she failed to exhaust the City of San Diego’s (City’s) administrative appeal process.  … Continue Reading

Fifth District Court of Appeal Finds Petitioner Failed to Exhaust Remedies in CUP Approval Challenge, Despite Ambiguous Administrative Appeal Procedures

By Thomas Law Group on Posted in Exhaustion of Administrative Remedies, Procedural Issues
In Muskan Foods & Fuel v. City of Fresno (2021) (Sep. 27, 2021, No. F079342) ___Cal.App.5th___ [2021 Cal. App. LEXIS 793], the Fifth District Court of Appeal held that Muskan Foods (Petitioner) failed to exhaust their available administrative appeals to challenge the approval of a competing development, despite an acknowledged ambiguity in the City of … Continue Reading

First District Denies Challenge to Napa County Approval of Mining Operations Because Petitioner Failed to Exhaust Administrative Remedies and CEQA Requires Limited Review of General Plan Consistency

By Natalie C. Kirkish and Kathryn L. Oehlschlager on Posted in Environmental Impact Report (EIR), Exhaustion of Administrative Remedies
In Stop Syar Expansion v. County of Napa (2021) 63 Cal.App.5th 444, the First District Court of Appeal upheld Napa County’s Environmental Impact Report (EIR) for the expansion of Syar Industries, Inc.’s aggregate mining operations at a local quarry. Citizen group Stop Syar Expansion (“SSE”) filed a Petition for Writ of Mandate under CEQA claiming … Continue Reading

First District Finds Petitioner Failed to Exhaust Administrative Remedies in CEQA Challenge to Removal of Controversial Sculpture

By Christopher I. Rendall-Jackson on Posted in CEQA Categorical Exemptions, Exhaustion of Administrative Remedies
In an opinion filed on February 1, 2021, the First Appellate District in Schmid v. City and County of San Francisco found that petitioners challenging the City of San Francisco’s decision to remove a controversial sculpture had failed to exhaust their administrative remedies by not appealing the CEQA determination by the San Francisco Historic Preservation … Continue Reading
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