In an unpublished decision, Alliance for the Protection of the Auburn Community Environment v. County of Placer (Feb. 28, 2013) 2013 Cal.App.Unpub.LEXIS 1524, the Third District Court of Appeal upheld the trial court’s decision that Petitioner’s complaint was barred by the mandatory provisions of Public Resources Code section 21167, which sets forth the 30-day statute…

In Creed 21 v. City of Glendora (Feb. 19, 2013) 2013 Cal.App.Unpub.LEXIS 1193, the Second District Court of Appeal upheld the trial court’s denial of Creed-21’s (Creed) petition for a writ of mandate against the City of Glendora.  Creed contended the Environmental Impact Report (EIR) for the approval of an expansion of an existing Wal-Mart…

In Center for Biological Diversity v. Salazar (Feb. 4, 2013) 2013 U.S.App.LEXIS 2406, the Ninth Circuit Court of Appeal upheld the U.S. Bureau of Land Management (BLM)’s approval of the reopening of a uranium mine after a seventeen year lapse.  The Court held that operations could restart without obtaining any additional environmental review.

In 1988,…

In an unpublished decision, Joseph W. Tresch v. County of Sonoma Agricultural Preservation and Open Space District Board of Directors (January 4, 2013) 2013 Cal. App. Unpub.LEXIS 67, the First District Court of Appeal affirmed the trial court’s decision upholding the County of Sonoma Agricultural Preservation and Open Space District Board of Directors’ (the District…

In Sierra Club v. Tahoe Regional Planning Agency (January 4, 2013) U.S. Dist. LEXIS 1628, the U.S. Court for the Eastern District of California granted the plaintiffs’ motion for summary judgment, finding a proposed project’s alternatives analysis violated the California Environmental Quality Act (CEQA).  The court ordered the defendants to delay construction until a legally…

In an unpublished decision, Protect Our Village v. California Coastal Commission (February 7, 2013) 2013 Cal.App.Unpub.LEXIS 1018, the Second District Court of Appeal affirmed the trial court’s denial of a writ of mandate to vacate California Coastal Commission (Commission) certification of an amendment to a local coastal plan (LCP).

In 2008, the City of Santa…

In Habitat v. City of Santa Cruz (Feb. 19, 2013) 2013 Cal.App.LEXIS 128, the Sixth District Court of Appeal reversed the trial court decision and ordered the City of Santa Cruz (City) to vacate its certification of the final EIR and approval of a project because the EIR failed to discuss any feasible project alternatives…

In 1997, the City of San Francisco adopted the City’s Bicycle Plan.  In 2005, the San Francisco Board of Supervisors directed its staff to prepare an update to the City’s Bicycle Plan.  Initially, the City determined the Bicycle Plan Update did not require further CEQA review.  This determination resulted in Rob Anderson and two unincorporated…

In  Save Cuyama Valley v. County of Santa Barbara (Jan. 10, 2013) 2013 Cal.App.LEXIS 212, the Sixth District Court of Appeal issued a decision upholding the trial court’s denial of Save Cuyama Valley’s (Save Cuyama) petition for a writ of mandate against the County of Santa Barbara (County).  Save Cuyama contended that the Environmental Impact…

In Alaska Survival v. Surface Transportation Board (2013) 43 ELR 20016, the Ninth Circuit Court of Appeals denies Alaska Survival’s NEPA challenge to the Surface Transportation Board’s (Board) decision authorizing Alaska Railroad Corporation (the Railroad) to construct thirty-five miles of new rail line.

Alaska Survival contended that the Board violated NEPA by (1) adopting an…