Citing the increasing prevalence of wildfires, the California Attorney General (AG) has issued guidance designed to help lead agencies comply with CEQA when considering whether to approve projects in wildfire-prone areas. Although the guidance does not impose any additional requirements on local governments or alter any laws or regulations, it does apprise local governments of
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 Resort
In Living Rivers Council v. State Water Resources Control Board (2017) 15 Cal.App.5th 991, the First District Court of Appeal upheld the State Water Resources Control Board’s (“Board”) approval of a policy to maintain instream flows of Northern California coastal streams (“Policy”) for the purposes of water rights administration under Water Code section 1259.4. While
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
In Lotus v. Department of Transportation, 2014 Cal. App. LEXIS 97, the California Court of Appeal, First Appellate District, reversed the trial court’s denial of appellants’ petition for writ of mandate challenging the adequacy of the EIR for a highway realignment project.
The California Department of Transportation (Caltrans) sought to realign and widen portions
Almost four years after the Marin Municipal Water District (MMWD) certified an environmental impact report (EIR) and approved a five million gallon a day desalination plant project, the Court of Appeal, First District, in a published opinion (N. Coast Rivers Alliance v. Marin Mun. Water Dist. Bd. of Dirs. (2013) 2013 Cal.App.LEXIS 401), reversed
The City of Chula Vista (City) approved a proposed Target retail store in reliance on a mitigated negative declaration (MND). Petitioner filed a petition for writ of mandate challenging the MND and claiming that the project may have significant impacts relating to hazardous materials, air pollution, particulate matter and ozone, and greenhouse gas emissions. The
Petitioner challenged the City of Oakland’s (City) EIR for a mixed-use project claiming it failed to provide meaningful analysis of seismic impacts under CEQA. The trial court issued a writ of mandate ordering the City to compose a new EIR. The City submitted a revised EIR which the trial court found adequate, discharging the writ