In an unpublished decision, Citizens Advocating for Roblar Rural Community v. County of Sonoma, 2014 Cal. App. Unpub. LEXIS 3393, the Court of Appeal for the First District reversed the trial court’s decision granting a petition for writ of mandate that challenged County certification of a final environmental impact report (EIR) and issuance of
Standard of Review
Third District Court of Appeal Holds “Fair Argument” Standard of Review Applies to Determine Whether there is a Reasonable Possibility of Significant Effect to Trigger the Unusual Circumstances Exception to a CEQA Categorical Exemption
By Thomas Law Group on
Posted in Exemptions, Standard of Review
In a showing of solidarity with the First District Court of Appeal in its recent ruling in the Berkeley Hillside Preservation v. City of Berkeley (2012) 203 Cal.App.4th 656 case (currently pending review by the Supreme Court), the Third District Court of Appeal slapped the hand of the El Dorado Irrigation District (EID) for increasing…
Save the Plastic Bag Coalition v. City of Manhattan Beach (2011) 52 Cal. 4th 155
By Thomas Law Group on
Posted in Negative Declaration, Standard of Review
An association of plastic bag manufacturers challenged the city’s negative declaration, claiming the city’s ordinance prohibiting the distribution of plastic bags would have significant environmental impacts resulting from an increased use of paper bags, and thus alleged an environmental impact report (EIR) was required. The California Supreme Court issued a decision addressing two issues. First,…
Substantial Evidence Test Applies to Subsequent Environmental Review After a Negative Declaration Has Been Adopted for a Project
By Thomas Law Group on
In Abatti v. Imperial Irrigation District (2012) 2012 Cal.App. LEXIS 496, the court considered whether the substantial evidence, rather than the “fair argument,” test applies to determine whether further environmental review is warranted for a subsequent approval where the agency has initially adopted a negative declaration for the project.
In 2006, the irrigation district adopted…
Court Orders Partial Publication of Consol. Irrigation Dist. v. City of Selma (2012) __ Cal.App.4th __
By Thomas Law Group on
On March 9, 2012, the Fifth Appellate District ordered a portion of its decision in Consol. Irrigation Dist. v. City of Selma (2012) __ Cal.App.4th __ (2012 Cal. App. LEXIS 277) published. Specifically, the Court ordered all but Sections I.A., III., IV.C., IV.D., V., and VI. of DISCUSSION published. The portions of the opinion ordered…
Mitigation Fee Programs Must Be Analyzed In An EIR Prior to Adoption
By Thomas Law Group on
Center for Sierra Nevada Conservation et al. v. County of El Dorado (January 20, 2012) 202 Cal. App.4th 1156 (Superior Court Case No. PC20080336)
El Dorado County adopted an oak woodland management plan (Management Plan) and mitigation fee program (Fee Program) without first certifying an EIR. Instead, the County issued a negative declaration that…