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
Procedural Issues
When is Agency Action Considered a Project under CEQA? When the Legislature Says So.
In Rominger v. County of Colusa, 2014 Cal. App. LEXIS 813, the Court of Appeal for the Third District overturned the trial court and held a proposed subdivision approved by Colusa County was a project under the California Environmental Quality Act (CEQA), even though the proposal did not include any specific plans for development. …
City Violated its Municipal Code by Delegating CEQA Approval to its Preservation Commission
In Citizens for the Restoration of L Street v. City of Fresno, 2014 Cal. App. LEXIS 786,the Fifth Appellate District affirmed a judgment granting a writ of mandate challenging the City of Fresno’s (City) approval of an infill development project. The court upheld the trial court’s ruling that the City violated the California …
Court Publishes Portion of a Decision Upholding the Adequacy of a Wind Farm EIR
On July 25, 2014, the Court of Appeal for the Fifth District granted a request to publish a portion of the recent case Citizens Opposing a Dangerous Environment v. County of Kern, 2014 Cal. App. LEXIS 679. In the decision, the appellate court affirmed Kern County’s approval of a wind farm near a private…
Court Grounds Lawsuits Challenging Wind Farm’s Impacts on Airport in Kern County
In Citizens Opposing a Dangerous Environment v. County of Kern, 2014 Cal. App. LEXIS 679, the Court of Appeal for the Fifth District upheld the trial court’s denial of a writ of mandate challenging Kern County’s (the County) approval a wind farm near a private airport east of Tehachapi.
The proposed wind farm would include…
Appellate Court Rejects Challenge to Walmart Supercenter Under Res Judicata and Calls Decision Not to Dismiss Appeal as Frivolous a Close One
In Roberson v. City of Rialto, (2014) Cal. App. LEXIS 532, the Court of Appeal for the Fourth District affirmed the denial of a writ of mandate challenging the City of Rialto’s approval of a Wal-Mart Supercenter and shopping center in the city. However, the court declined to dismiss the appeal as frivolous and…
CEQA Challenge Barred by 35-Day Statute of Limitations for Categorically Exempt Infill Project
In an unpublished decision, Friends of the Landmark Filbert Cottages v. City and County of San Francisco, 2014 Cal. App. LEXIS 564, the First District Court of Appeal rejected a CEQA challenge to an infill project near San Francisco’s Russian Hill. The court applied CEQA’s 35-day statute of limitations and affirmed that the public…
Plaintiff’s LAFCO and CEQA Claims Dismissed on Procedural Grounds
In Protect Agricultural Land v. Stanislaus Local Agency Formation Commission, 2014 Cal. App. LEXIS 80, the court affirmed the requirement that challenges to annexation and sphere of influence decisions by Local Agency Formation Commissions (LAFCO) must be brought as reverse validation actions.
The case involved the Stanislaus County LAFCO’s approval of an application by…
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…
CEQA Challenge Barred by 30-Day Statute of Limitations Based on Exemption Not Asserted in Notice of Exemption
In May v. City of Milpitas, 2013 Cal. App. LEXIS 557, the Court of Appeal for the Sixth Appellate District held that a 30-day statute of limitations in Government Code section 65457 barred a CEQA challenge for which a Notice of Exemption (“NOE”) had been filed. NOE’s typically trigger a 35-day statute of limitations; however,…