Scope of CEQA

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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…

In Picayune Rancheria of Chukchansi Indians v. Brown, 2014 Cal. App. LEXIS 864, the California Court of Appeal for the Third District rejected a petition for a writ of mandate challenging the governor’s authority to approve a land transfer allowing an Indian tribe to build a casino in Madera County. The court held the …

In Friends of Eel River v. North Coast Railroad Authority, 2014 Cal. App. LEXIS 877, the California Court of Appeal for the First District affirmed the trial court’s determination that federal law preempts the North Coast Railroad Authority’s (North Coast) obligation to comply with the California Environmental Quality Act (CEQA) in repairing and operating …

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. …

In Tuolumne Jobs & Small Business Alliance v. Superior Court of Tuolumne County, (August 7, 2014, S207173) __ Cal.4th __, the Supreme Court reversed the appellate court’s issuance of a writ of mandate challenging the City of Sonora’s approval of an ordinance for the expansion of a big box store (Project) without first conducting …

In an unpublished decision, Joseph W. Tresch v. County of Sonoma Agricultural Preservation and Open Space District Board of Directors (January 4, 2013) 2013 Cal. App. Unpub.LEXIS 67, the First District Court of Appeal affirmed the trial court’s decision upholding the County of Sonoma Agricultural Preservation and Open Space District Board of Directors’ (the District…

In a partially published decision, Central Basin Municipal Water District v. Water Replenishment District of Southern California (Dec. 10, 2012) 2012 Cal. App. LEXIS 1244, the Second District Court of Appeal determined that the Water Replenishment District of Southern California’s (WRD) declaration of a “water emergency” in the Central Basin did not constitute a “project”…

In Siskiyou County Water Users Association v. Natural Resources Agency (2012) 2012 Cal. App. Unpub. LEXIS 7073, the Siskiyou County Water Users Association (Association) challenged a pair of compromise agreements made between stakeholders regarding the potential removal of hydroelectric dams to help restore fisheries on the Klamath River (Agreements), alleging the Agreements constituted a “project”…

In Tuolumne Jobs & Small Business Alliance v. Superior Court of Tuolumne County (2012) 2012 Cal.App.LEXIS 1138 (Tuolumne Jobs), the Fifth District Court of Appeal clarified that an effort by registered voters to qualify an initiative petition for the ballot does not foreclose the need for CEQA review unless the voters approve the…