Category: Supplemental Environmental Impact Report

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First District Court of Appeal Finds University of California’s Decision to Increase Enrollment Is Not Exempt from CEQA Review

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 … Continue Reading

Second District Prohibits Preparation of Subsequent EIR Where Project-level EIR Covered All “Reasonably Foreseeable Consequences” of Later Plan-level Project; Spot-Zoned Target Store Permissible Where in Public Interest

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 later … Continue Reading

Second Appellate District Upholds PG&E Lease Extension as Categorically Exempt from CEQA, Finds Unusual Circumstance Exception Inapplicable to Extension of Nuclear Power Plant Lease

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 … Continue Reading

Supplement to 16 year old EIR is Acceptable, Project Proponents Need Not Address Every Comment Following Public Review.

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 of … Continue Reading

Fourth Appellate District Publishes Opinion Requiring Supplemental EIR for San Diego County’s Climate Action Plan

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 (EIR) … Continue Reading

Court Orders Supplemental EIR for Ventura County Medical Center Building Due to 15 Foot Increase in Building Height

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 … Continue Reading

Appellate Court Requires Supplemental EIR for San Diego County’s Climate Action Plan

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 County. … Continue Reading

Addendum Upheld: Amendments to San Jose Airport Master Plan Cleared For Landing

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 … Continue Reading

Court of Appeal Views Appellants’ Failure to Present and Discredit Evidence favorable to the Agency as a Concession that Substantial Evidence Does In Fact Support Agency

In an unpublished decision, El Pueblo Para El Aire Y Agua Limpio v. Kings County Board of Supervisors, 2012 Cal. App. Unpub. LEXIS 4984, Greenaction for Health and Environmental Justice and El Pueblo Para El Aire y Agua Limpio (collectively appellants) sued the Kings County Board of Supervisors (County) alleging that the County’s approval of … Continue Reading

Silverado Modjeska Recreation and Parks Dist. v. County of Orange (2011) 197 Cal.App.4th 282

Upon receiving a writ of mandate from the trial court in 2003, Orange County (County) prepared a supplemental EIR (SEIR) for its Silverado Ranch Canyon Project (Project). Petitioner challenged the County’s approval of the project claiming that the SEIR did not comply with the writ issued in 2003, and that the discovery of new information … Continue Reading

Substantial Evidence Test Applies to Subsequent Environmental Review After a Negative Declaration Has Been Adopted for a Project

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 … Continue Reading
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