In Friends of Eel River v. North Coast Railroad Authority, 2014 Cal. App. LEXIS 877, the California Court of Appeal for the First District affirmed the trial court’s determination that federal law preempts the North Coast Railroad Authority’s (North Coast) obligation to comply with the California Environmental Quality Act (CEQA) in repairing and operating
When is Agency Action Considered a Project under CEQA? When the Legislature Says So.
In Rominger v. County of Colusa, 2014 Cal. App. LEXIS 813, the Court of Appeal for the Third District overturned the trial court and held a proposed subdivision approved by Colusa County was a project under the California Environmental Quality Act (CEQA), even though the proposal did not include any specific plans for development. …
City Violated its Municipal Code by Delegating CEQA Approval to its Preservation Commission
In Citizens for the Restoration of L Street v. City of Fresno, 2014 Cal. App. LEXIS 786,the Fifth Appellate District affirmed a judgment granting a writ of mandate challenging the City of Fresno’s (City) approval of an infill development project. The court upheld the trial court’s ruling that the City violated the California …
Court Publishes General Plan Consistency Discussion in Case Upholding San Francisco Redevelopment Project
On September 4, 2014, the Court of Appeal for the Fifth District granted a request to publish an additional portion of the recent case San Francisco Tomorrow v. City & County of San Francisco, 2014 Cal. App. LEXIS 800. The previously published opinion affirmed the City and County of San Francisco’s approval of a …
Ninth Circuit Makes Key Permit Streamlining Act Ruling for Conditional Use Permit Applicants
In American Tower Corporation v. City of San Diego, 2014 U.S. App. LEXIS 15641, the Ninth Circuit Court of Appeals upheld the City of San Diego’s (City) denial of three conditional use permits (CUP) for three cell tower facilities owned and operated by American Tower Corporation. The court reversed in part and affirmed in …
ALL ABOARD! – High Speed Rail Moves Forward with Bay Area to Central Valley Route After Appellate Court Approval
In Town of Atherton v. Cal. High-Speed Rail Authority, (2014) Cal. App. LEXIS 670, the Court of Appeal for the Third District upheld the final program environmental impact report (EIR) for the segment of the California High Speed Rail project linking the San Francisco Bay Area to the Central Valley.
In the EIR, the …
Appellate Court Rejects Challenges to Redevelopment Project in San Francisco Neighborhood
In a partially published opinion in San Francisco Tomorrow v. City and County of San Francisco, 2014 Cal. App. LEXIS 735, the Court of Appeal for the First Appellate District upheld denial of a petition for a writ of mandate seeking to overturn approval of a 152-acre redevelopment project near Lake Merced in southwest …
OPR Releases a Preliminary Draft of Changes to the CEQA Guidelines Related to SB 743
On August 6, 2014, the Governor’s Office of Planning and Research (“OPR”) released a Notice of Availability of a Preliminary Discussion Draft of Changes to the California Environmental Quality Act (“CEQA”) Guidelines Related to SB 743 (Steinberg, 2013; “Preliminary Discussion Draft”). These updates are geared towards the evaluation of transportation impacts under CEQA.
Traffic studies …
Supreme Court Holds that Voter Initiatives with Potential Environmental Impacts Need Not Comply with CEQA Mandates
In Tuolumne Jobs & Small Business Alliance v. Superior Court of Tuolumne County, (August 7, 2014, S207173) __ Cal.4th __, the Supreme Court reversed the appellate court’s issuance of a writ of mandate challenging the City of Sonora’s approval of an ordinance for the expansion of a big box store (Project) without first conducting …
Appellate Court Upholds Trial Court’s Jurisdiction to Discharge Writ for Huntington Beach Senior Center
In an unpublished decision, Parks Legal Defense Fund v. City of Huntington Beach, (2014) Cal. App. Unpub. LEXIS 5050, the Fourth District Court of Appeal upheld the trial court’s jurisdiction to discharge a writ of mandate, but reversed and remanded the trial court’s determination that the subsequent environmental impact report complied with the California…