On January 5, 2024, the Third District Court of Appeal, upheld the Department of Water Resources’ (“DWR’s”) approval of amendments to long-term contracts with local government agencies that receive water through the State Water Project in Planning and Conservation League, et al v. Department of Water Resources, et al, etc. (2024) 98 Cal.App.5th 726.
Recirculation
Oakland and the A’s Prevail on All but One Minor Issue in Ballpark EIR Case; Wind Mitigation Found Inadequate
In E. Oakland Stadium Alliance v. City of Oakland (2023) 89 Cal.App.5th 1226, the First District Court of Appeal concluded that the EIR prepared for the proposed Oakland A’s stadium was largely satisfactory, but on a single point failed to adequately mitigate wind impacts.
The Oakland Waterfront Ballpark Project (Project) proposed a 50-acre development…
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.
Another CEQA Victory for Conservation Groups in Tahoe, another GHG Mitigation Measure Held Inadequate
In League to Save Lake Tahoe Mt. Area Pres. Found. v. County of Placer (2022) 75 Cal.App.5th 63, the Third District Court of Appeal held that a land use specific plan and rezoning permit for commercial and residential development, including workforce housing, of forest land in the Martis Valley near the Northstar California Ski…
In Unpublished Opinion, Court Finds Los Angeles Development Project Description Accurate and Stable Despite a New Alternative Being Added to the FEIR and Approval of a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In the unpublished opinion, Southwest Reg’l Council of Carpenters v. City of L.A. (Mar. 7, 2022, B301374) [nonpub.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.
Fourth District Finds City of San Diego Properly Summarized Revisions Made to Previous EIR in Recirculated EIR – City’s Decision to Build Road, Amend Planning Documents Were Quasi-Legislative Acts That Did Not Violate Any Procedural Rights to Due Process
In Save Civita Because Sudberry Won’t v. City of San Diego (Dec. 16, 2021, D077591) ___Cal.App.5th___ [2021 Cal.App. LEXIS 1055], the Fourth District Court of Appeal addressed CEQA and Constitutional claims related to a proposed roadway in the City of San Diego (City). In the published portion of the opinion, the Court held that…
Ione Valley Land, Air, & Water Defense Alliance, LLC v. County of Amador (2019) 33 Cal.App.5th 165
Ione Valley Land, Air, & Water Defense Alliance, LLC v. County of Amador (2019) 33 Cal.App.5th 165
In 2012, the County of Amador (County) certified a final EIR and approved the Newman Ridge Project, a quarry and related facilities near Ione (Project). The Ione Valley Land, Air, and Water Defense Alliance (LAWDA) filed a petition…
County General Plan EIR Need Only Address “Reasonably Foreseeable Development” Outside the Planning Area, Population Reports in the Record Showed Possible Subdivision Unlikely
In High Sierra Rural Alliance v. County of Plumas (2018) 29 Cal.App.5th 102, the Third District Court of Appeal held a general plan update and EIR were valid where evidence in the record supported the County of Plumas’ (County) determination that there was no “reasonably foreseeable development” outside the planning area. The Court also held…
FIRST APPELLATE DISTRICT FINDS AGENCY APPROVAL OF 10-YEAR MINING LEASES FAILED TO PROPERLY CONSIDER THE PUBLIC TRUST DOCTRINE
In San Francisco Baykeeper Inc. v. California State Lands Commission, 2015 Cal. App. LEXIS 1024, the First Appellate District rejected several CEQA challenges to the California State Lands Commission (SLC)’s approval of 10-year sand mining leases, but reversed the trial court on this issue of whether SLC failed to properly consider the public trust…
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…