Category: Pre-Commitment (Save Tara)

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Discretionary Reductions in Water Deliveries Allowed Under Terms of Existing Leases are not a New CEQA Project

In County of Mono v. City of Los Angeles (2022) 81 Cal.App.5th 657, the First District Court of Appeal held that a reduction in water deliveries by the City of Los Angeles (City) to lessees in Mono County (County) was not a new CEQA project, but was within the scope of existing leases. In 2010, the … Continue Reading

CEQA Lawsuit, Latest in Decades of Local Opposition Delaying Marin County Housing Development, Met with Judicial Rebuke: “Something is very wrong with this picture”

In Tiburon Open Space Committee v. County of Marin (2022) 78 Cal.App.5th 700, the First District Court of Appeal considered the adequacy of an EIR certified by Marin County (County) for a residential development. The Court rejected a number of arguments raised by opponents, most prominently the argument that the EIR erred in recognizing limits on … Continue Reading

Approval of Initial Entitlement Triggers CEQA Statute of Limitations, Even Where Project Requires Additional Entitlements for Implementation

In the partially published Crenshaw Subway Coalition v. City of Los Angeles (2022) 75 Cal.App.5th 917, the Second District Court of Appeal affirmed the trial court’s judgment dismissing the claims of Crenshaw Subway Coalition (Coalition) alleging that the City of Los Angeles and the City Council (collectively, City), represented by the Thomas Law Group on the … Continue Reading

Strawberry Fields Forever – Coastal Commission Failed to Complete Environmental Review Before Project’s Approval Under Certified Regulatory Program and Engaged in Post Hoc Analysis

In Friends v. Cal. Coastal Commission (Nov. 15, 2021, H048088, H04809) __ Cal.App.5th __ [2021 Cal.App. LEXIS 1038], the Sixth District Court of Appeal found that the California Coastal Commission (Coastal Commission) violated CEQA by approving a coastal development permit without making specific findings about project alternatives and mitigation measures pursuant to the Coastal Commission’s … Continue Reading

IN UNPUBLISHED OPINION, COURT OF APPEAL UPHOLDS CEQA REVIEW FOR FRESNO’S FULTON MALL PROJECT

The City of Fresno’s Fulton Street lies in the heart of its downtown and was once a bustling commerce center lined with numerous retailers. Suburbanization drew those retailers to the periphery of town in the 1950s. In the early 1960s, in an attempt to revive its urban core, the City turned Fulton Street into Fulton … Continue Reading

SIXTH APPELLATE DISTRICT REJECTS CEQA AND PARK ACT CHALLENGES TO SALE OF PUBLIC ACTIVITY CENTER

In an unpublished opinion, Save Sunnyvale Parks & Schools v. City of Sunnyvale, 2016 Cal. App. Unpub. LEXIS 1146, the Sixth Appellate District affirmed the trial court’s ruling and rejected challenges to the City’s approval of the sale of the Raynor Activity Center (“RAC”) to Stratford Schools, a private school. The City had previously declared … Continue Reading

SECOND APPELLATE DISTRICT UPHOLDS EIR FOR PROPOSED UCLA CONFERENCE CENTER

In an unpublished opinion, Save Westwood Village v. Regents of the University of California, 2015 Cal. App. Unpub. LEXIS 9281, the Second Appellate District affirmed the trial court’s rulings and rejected several CEQA challenges to the UC Regents’ approval of the Meyer and Renee Luskin Conference and Guest Center on the UCLA campus. As noted … Continue Reading

SECOND APPELLATE DISTRICT REJECTS CHALLENGES TO THE CITY OF RIVERSIDE’S APPROVAL OF ELECTRIC POWER TRANSMISSION PROJECT

In an unpublished opinion, City of Jurupa Valley v. City of Riverside, 2015 Cal. App. Unpub. LEXIS 7978 the Second Appellate District affirmed the trial court’s decision to deny the City of Jarupa Valley’s mandamus petition.  The project involved the creation of a transmission line, two substations, and several subtransmission lines to deliver power throughout … Continue Reading

Double Dribble: Court Rejects Second CEQA Lawsuit Over the Downtown Sacramento Arena

In Saltonstall v. City of Sacramento, 2015 Cal. App. LEXIS 150, the California Third District Court of Appeal affirmed the trial court’s denial of a writ of mandate challenging the environmental impact report (EIR) for an arena in downtown Sacramento (arena project) and held the City of Sacramento (City) did not prematurely commit itself to … Continue Reading

Court Allows ARB’S LCFS Regulations to Remain In Effect Pending Outcome of New Proceedings

In POET, LLC v. California Air Resources Board, 2013 Cal. App. LEXIS 554, the Fifth District Court of Appeal reversed the trial court’s decision denying plaintiffs’ petition for a writ of mandate seeking invalidation of California Air Resources Board (“ARB”) approval of low carbon fuel standards (“LCFS”) regulations for non-compliance with CEQA. In an unpublished … Continue Reading

Actions by a City, Including Granting of a Loan, Did Not Commit the City to a Project prior to Approval in Violation of Save Tara

In Neighbors for Fair Planning v. City and County of San Francisco, 2013 Cal. App. LEXIS 506, the Court of Appeal, First District, affirmed a trial court’s decision denying a petition for writ of mandate to set aside defendant’s EIR certification and approval of a project involving a community center and affordable housing. Real party … Continue Reading

Cedar Fair, L.P. v. City of Santa Clara (2011) 194 Cal.App.4th 1150

The City of Santa Clara (City) approved a long and detailed “term sheet” for the development of a professional football stadium. The Petitioner challenged the approvals claiming the “term sheet” constituted approval of a project as defined by CEQA. The trial court found for the City, holding that no EIR was required because approval of … Continue Reading

Court Rejects Use of a Demurrer to Dispose of a Save Tara-Style CEQA Lawsuit

In Jamulians Against the Casino v. Iwasaki (2012) ___ Cal.App.4th ___, petitioner alleged that a settlement agreement entered between Jamul Indian Village and Caltrans constituted a discretionary approval of a CEQA project by Caltrans.  The settlement agreement at issue disposed of a federal lawsuit between those parties relating to the application of CEQA to the … Continue Reading
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