On June 23rd, the Fourth District published Save Our Access v. City of San Diego (2023) 92 Cal.App.5th 819, holding that a city’s approval of a ballot measure to remove the 30-foot Coastal Zone height limit in a community planning area required further environmental review. The Court concluded that the program EIR
The Sixth Appellate District, on May 10, 2023, published a decision in Preservation Action Council of San Jose v. City of San Jose (2023) 91 Cal.App.5th 517 upholding the City of San Jose’s certification of a final supplemental EIR (SEIR) for development of three high-rise office towers in downtown San Jose on a site that contained several historic structures. The Court of Appeal affirmed the trial court’s denial of the petition for writ of mandate and held that the SEIR’s consideration of proposed compensatory mitigation for historic buildings was sufficient and that the City adequately responded to comments requesting compensatory mitigation.
In Save Berkeley’s Neighborhoods v. Regents of the University of California (2020) 51 Cal. App. 5th 226, the First District Court of Appeal overruled a demurrer rejecting community members’ allegations that the University of California at Berkeley (UC Berkeley) violated CEQA by failing to analyze enrollment increases beyond the development envelope considered in the campus Long Range Development Plan (LRDP).
In Citizens Coalition Los Angeles v. City of Los Angeles, (2018) 26 Cal. App. 5th 561, the Second District Court of Appeal held that the City of Los Angeles’s (City) reliance on an addendum to a prior project-level EIR prepared for a Target store was legally sufficient environmental review for the approval of a
In World Business Academy v. California State Lands Commission (2018) 24 Cal.App.5th 476, the Second Appellate District determined that renewing a lease for an existing power plant constituted a categorically exempt “existing structure” project under CEQA and the record did not support an “unusual circumstances” exception to the exemption.
Diablo Canyon Power Plant is a
In City of Irvine v. County of Orange, (July 6, 2015, G049527)__Cal.App.4th__, the Fourth District Court of Appeal affirmed the adequacy of a Supplemental Environmental Impact Report (SEIR) prepared approximately 16 years after the original EIR was adopted. The court granted publication on July 7, 2015.
The dispute began in 1996 when the City
On November 24, 2014, the Court of Appeal for the Fourth District granted a request to publish the recent case Sierra Club v. County of San Diego, 2014 Cal. App. LEXIS 1077. In the decision, the appellate court affirmed the trial court and granted a writ of mandate requiring a supplemental environmental impact report
In Ventura Foothill Neighbors v. County of Ventura (2014) 232 Cal.App.4th 429, the Court of Appeal for the Second Appellate District affirmed the trial court’s decision requiring Ventura County (the County) to prepare a supplemental environmental impact report (EIR) to evaluate the impacts associated with increasing the height of a medical office building previously approved
In an unpublished decision in Sierra Club v. County of San Diego, 2014 Cal. App. Unpub. LEXIS 7762, the California Court of Appeal for the Fourth District granted a writ of mandate to enforce a mitigation measure in San Diego County’s (County) 2011 general plan update to reduce greenhouse gas (GHG) emissions in the
In Citizens Against Airport Pollution v. City of San Jose (2014) Cal. App. LEXIS 588, the Court of Appeal for the Sixth District upheld the trial court’s denial of a writ of mandate challenging the City of San Jose’s (the City) approval of an addendum to an EIR analyzing the environmental impacts of amendments to