2015 was a banner year for CEQA rulings by the California Supreme Court, with four decisions handed down, each of which addressed key issues in the application of the statute and its governing regulations: Berkeley Hillside clarified the application of the “unusual circumstances” exception to categorical exemptions; City of San Diego addressed the feasibility of offsite mitigation; Center for Biological Diversity set new parameters for analysis of greenhouse gas emissions; and CBIA confirmed that CEQA does not address the environment’s impact on a project.
NINTH CIRCUIT UPHOLDS 187,000 SQUARE-MILE CRITICAL HABITAT DESIGNATION FOR POLAR BEARS IN ALASKA
In Alaska Oil & Gas Association v. Jewell, 2016 U.S. App. LEXIS 3624, the Ninth Circuit reversed the district court and upheld the Fish and Wildlife Service’s (“FWS”) final rule designating 187,000 square-miles as critical habitat to protect threatened polar bears as required by the Endangered Species Act (“ESA”).
Under the ESA, FWS is
Thomas Law Group Associates Present “CEQA Streamlining” to Professionals Involved in the Environmental Review Process
Thomas Law Group Associates Chris Butcher and Ashle Crocker will host a special presentation on CEQA Streamlining as part of the curriculum developed specifically for professionals involved in the Environmental Review Process on May 17, 2015 from 8:00 to 9:30 am.
The program will be at North Coast Builders Exchange, 1030 Apollo Way, Santa Rosa.
SIXTH APPELLATE DISTRICT REJECTS CEQA AND PARK ACT CHALLENGES TO SALE OF PUBLIC ACTIVITY CENTER
In an unpublished opinion, Save Sunnyvale Parks & Schools v. City of Sunnyvale, 2016 Cal. App. Unpub. LEXIS 1146, the Sixth Appellate District affirmed the trial court’s ruling and rejected challenges to the City’s approval of the sale of the Raynor Activity Center (“RAC”) to Stratford Schools, a private school.
The City had previously
Please Join AEP & APA North Bay For A Workshop CEQA Streamlining Processes
Thomas Law Group Associates Chris Butcher and Ashle Crocker will host a special presentation on CEQA Streamlining Process for the Association of Environmental Professionals and the California chapter of the American Planning Association on Thursday, April 7, 2016.
The program will be at 2235 Mercury Way, Suite 150, Santa Rosa, California. Lunch will be provided.
LSNC 13th Annual Race for Justice Valentine Run/Walk
Thomas Law Group won “Best Dressed” at Legal Services of Northern California 13th Annual Race for Justice Valentine Run/Walk! Friends and family of Thomas Law Group all dressed in costume to match TLG team members as all participated int he annual community fundraiser for the legal services organization.
Team
NINTH CIRCUIT REJECTS CHALLENGES TO UPDATE OF PRESIDIO TRUST MANAGEMENT PLAN
In Presidio Historical Association v. Presidio Trust, 2016 U.S. App. LEXIS 1287, the Ninth Circuit affirmed the district court’s grant of summary judgement in favor of the Presidio Trust and rejected challenges to a planned “lodge” adjacent to the Presidio’s Main Parade Ground.
The Presidio is managed by the Presidio Trust (“Trust”), a federal
APPELLATE COURT ALLOWS ATTORNEY’S FEES CLAIM TO PROCEED AGAINST CORPORATE ALTER EGO 4 YEARS AFTER ORIGINAL JUDGMENT
In Highland Springs Conference & Training Center v. City of Banning, 2016 Cal. App. LEXIS 53, the Fourth Appellate District held that a motion to amend a judgement filed four years after the initial award was not automatically time-barred.
In 2008, plaintiffs Highland Springs Conference and Training Center and Banning Bench Community of Interest Association
THIRD DISTRICT PUBLISHES OPINION IN INVASIVE SPECIES EIR CASE
On January 4, 2016, the Third Appellate District published its opinion in North Coast Rivers Alliance v. Kawamura, 2015 Cal. App. LEXIS 1178. In the opinion, the court found a programmatic EIR for a program to deal with the invasive light brown apple moth to be inadequate. Because of the EIR’s “artificially narrow” project
PLACER COUNTY’S HOMEWOOD VILLAGE RESORT EIR COMES UNDER FIRE
In an unpublished opinion, Cal. Clean Energy Comm. V. County of Placer, 2015 Cal. App. Unpub. LEXIS 9360, the Third Appellate District granted California Clean Energy Committee’s (Clean Energy) petition for writ of mandate challenging the County of Placer’s (County) approval of a proposal to expand an existing ski resort on the West Shore of