In People ex rel. Bonta v. County of Lake (2024) 105 Cal.App.5th 1222, the First District Court of Appeal held that the Final EIR (“FEIR”) and associated errata for a proposed mixed-use development project, located in a rural part of Lake County, failed to adequately assess the increased risk of human-caused wildfires the project created.
On March 29, 2024, the First District Court of Appeal issued its partially published opinion in the case of Vichy Springs Resort, Inc. v. City of Ukiah (2024) 101 Cal.App.5th 46. In the published portion of the case, the Court held that the completion of a project to reconstruct a gun range (“Project”)
The Second District of the Court of Appeal on June 8 ordered publication of its May 12 opinion affirming the denial of a writ of mandate that challenged the City of Buenaventura’s removal and relocation of a statue of Junipero Serra. Petitioner, the Coalition for Historical Integrity, alleged that removing the statue required CEQA review because it was a historical resource. The Court of Appeal upheld the City’s finding that the statue was not a historical resource and exempt from CEQA under the “common sense” exemption.
In Robinson v. Superior Court (2023) 88 Cal.App.5th 1144, the Fifth District Court of Appeal held that Southern California Edison (SCE), as an investor-owned public utility, was not required to comply with CEQA in an eminent domain action because SCE was neither a “public agency” under CEQA nor did SCE need approval from a public
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
In Mission Peak Conservancy v. State Water Resources Control Bd. (2021) 72 Cal.App.5th 873, the First District Court of Appeal held that the State Water Resources Control Board’s (SWRCB) streamlined permitting process for small, domestic water appropriations was ministerial, reiterating that “CEQA does not regulate ministerial decisions—full stop.”
Mission Peak Conservancy and an individual
Lake Norconian Club Foundation v. Department of Corrections & Rehabilitation, 39 Cal. App. 5th 1044
The California Department of Corrections (Department) operates a prison next to the historic Lake Norconian Club, a former resort and hotel constructed in the 1920’s. The Department used the building as a drug rehabilitation facility, and later, as prison
On June 21, 2016, the First Appellate District partially published its opinion for Ukiah Citizens for Safety First v. City of Ukiah (Case No. A145581). The case involved a citizen group’s petition for writ of mandate challenging the certification of an environmental impact report (EIR) by the City of Ukiah (City) for the construction of
In an unpublished opinion, Cal. Clean Energy Comm. V. County of Placer, 2015 Cal. App. Unpub. LEXIS 9360, the Third Appellate District granted California Clean Energy Committee’s (Clean Energy) petition for writ of mandate challenging the County of Placer’s (County) approval of a proposal to expand an existing ski resort on the West Shore of
On December 17, 2015, the Supreme Court filed a unanimous opinion in California Building Industry Association v. Bay Area Air Quality Management District (S213478). Interestingly, this is the first CEQA opinion to be drafted by the recently appointed Justice Cuéllar. This case pertains to the adoption of thresholds of significance for greenhouse gas emissions and