In Marina Coast Water Dist. v. County of Monterey (2023) 96 Cal.App.5th 46, the Sixth District Court of Appeal reversed the trial court’s ruling, rejecting Marina Coast Water District’s (“MCWD”) challenge to the sufficiency of the environmental review process for the Monterey Peninsula Water Supply Project (“Project”). The court held that Monterey County’s (“County”)
Final Environmental Impact Reports
Sixth District Upholds City’s Rejection of Proposed Compensatory Mitigation for Demolition of Historic Building
The Sixth Appellate District, on May 10, 2023, published a decision in Preservation Action Council of San Jose v. City of San Jose (2023) 91 Cal.App.5th 517 upholding the City of San Jose’s certification of a final supplemental EIR (SEIR) for development of three high-rise office towers in downtown San Jose on a site that contained several historic structures. The Court of Appeal affirmed the trial court’s denial of the petition for writ of mandate and held that the SEIR’s consideration of proposed compensatory mitigation for historic buildings was sufficient and that the City adequately responded to comments requesting compensatory mitigation.
Design Changes to State Capitol Renovation Revealed in FEIR Did Not Adequately Allow for Public Input or Informed Decision-Making
In Save Our Capitol! v. Department of General Services (2023) 87 Cal.App.5th 655, the Third District Court of Appeal held that the Department of General Services violated CEQA when certain design changes to the State Capitol renovation (Project) were not revealed until the final EIR (FEIR), preventing the public from commenting on the changes.
In Unpublished Opinion, Court Finds Los Angeles Development Project Description Accurate and Stable Despite a New Alternative Being Added to the FEIR and Approval of a Variation of that New Alternative
In the unpublished opinion, Southwest Reg’l Council of Carpenters v. City of L.A. (Mar. 7, 2022, B301374) [nonpub.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 adequately addressed a comment about sewer capacity, overturning trial court rulings on both issues.
Second Appellate District Calls Settlement Agreement Part of “Project” for CEQA Consideration In Line with Historically Broad “Project” Definition
In County of Ventura v. City of Moorpark (2018) 24 Cal.App.5th 377, the Second Appellate District upheld a CEQA statutory exemption applied to a project undertaken by the State-created Broad Beach Geologic Hazard Abatement District (BBGHAD) and clarified that a “project” for CEQA consideration may be two separate activities if they serve a single purpose,…
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 …
Citizens for Responsible Equitable Environmental Development v. City of San Diego (2011) 196 Cal. App. 4th 515
In 1994, the City of San Diego (City) certified an EIR and approved a 665-acre mixed-use development plan. In 2008, the City was approached by a developer who wished to build condominiums on the last remaining open space within that area. The City prepared a water supply assessment (WSA) and an addendum to the 1994…
Final Environmental Impact Reports Must Include Responses to Public Comments, but Need Not Include Economic Feasibility Analyses
The Flanders Foundation v. City of Carmel-by-the-Sea, et al. (January 4, 2012) 202 Cal. App. 4th 603
A citizens group brought suit against the City of Carmel-by-the-Sea challenging the city’s Final EIR prepared in connection with the sale of an historic property known as the Flanders Mansion. It its action, The Flanders Foundation claimed that…