In Chung v. City of Monterey Park, (2012) Cal.App. LEXIS 1097, the Second District Court of Appeal upheld a trial court’s ruling that Measure BB, a City of Monterey Park municipal ballot measure, was not a project subject to CEQA and therefore the measure did not require environmental review before being placed on the
Scope of CEQA
Attorney General Releases Report Interpreting CEQA to Require Consideration of Environmental Justice Issues at the Local and Regional Levels
By Thomas Law Group on
Posted in News, Scope of CEQA
On May 8, 2012, the California Attorney General’s office released a report entitled “Environmental Justice at the Local and Regional Level – Legal Background” (Report) which interprets existing law to impose environmental justice obligations that local governments must consider when approving specific projects and planning for future development.
“Environmental justice” is defined in the Government…
Ballona Wetlands Land Trust v. City of Los Angeles (2011) 201 Cal. App. 4th 455
By Thomas Law Group on
In a 2004 case, the Superior Court, through directions from the Court of Appeal, issued the City of Los Angeles (City) a writ of mandate, invalidating its EIR because the City failed to comply with CEQA. In 2010, the City certified a Revised EIR (REIR). Petitioner filed a new petition for a writ of mandate…
Hillside Memorial Park and Mortuary v. Golden State Water Co. (2011) 199 Cal.App.4th 658
By Thomas Law Group on
Posted in Scope of CEQA
Water companies and city brought an action to determine groundwater rights and to amend a 1961 judgment imposing a physical solution on the Water Coast Groundwater Basin. The trial court ruled that an EIR was required before it could consider the amendment. On appeal to the Second District Court of Appeal, the Court reversed the…
South Orange County Wastewater Authority v. City of Dana Point (2011) 196 Cal.App.4th 1604
By Thomas Law Group on
Posted in Negative Declaration, Scope of CEQA
The City of Dana Point (City) approved a mixed-use development project next to a sewage treatment plant. The City conducted an initial study and prepared a mitigated negative declaration (MND) after finding that all potential environmental impacts of the project could be mitigated to a less than significant level. The Wastewater Authority (Petitioner) challenged the…
Court Defers to Local Agency Characterization of Lot Line Adjustments as Ministerial Actions Not Subject to CEQA
By Thomas Law Group on
Posted in Scope of CEQA
In Sierra Club v. Napa County Board of Supervisors (2012) 2012 Cal.App. LEXIS 454, the Sierra Club challenged a lot line adjustment ordinance adopted by Napa County, which allowed lot line adjustments under the Subdivision Map Act on parcels that had previously been adjusted, as long as the prior lot line adjustment has been completed…