In an unpublished decision, Sierra Club v. County of Tehama (2012) 2012 Cal.App.Unpub.Lexis 8813, the Third District Court of Appeal issued a decision upholding the trial court’s denial of Sierra Club’s petition for a writ of mandate against the County of Tehama (County).  Sierra Club alleged that the Environmental Impact Report (EIR) prepared for the…

On January 18, 2013, Senator Ellen Corbett introduced Senate Bill 123 which, if enacted, will require the presiding judge of each superior court to create an environmental and land use division. The specialized division would hear cases regarding the California Environmental Quality Act (CEQA), air quality, climate change, hazardous materials, and other biological resource subject…

On January 24, 2013, Governor Jerry Brown discussed the need for CEQA reform in his State Of The State address.  In discussing CEQA, Governor Brown explained that streamlining CEQA could help California regain its fiscal footing and create new jobs.  To achieve these goals, Governor Brown stated that CEQA must be implemented to apply “consistent…

In an unpublished decision, Forest Tull v. Yuba County (Jan. 11, 2013) 2013 Cal.App.Unpub.LEXIS 247, Forest and Bobbie Tull (the Tulls), challenged Yuba County’s (County) certification of an EIR for a gravel haul road proposed by Teichert & Sons (Teichert).  The Tulls alleged that the EIR failed to consider feasible alternate routes for the haul…

In an unpublished decision, Stahovich v. City of Anaheim (2012) 2012 Cal.App.Unpub.LEXIS 9465, the Fourth District Court of Appeal affirmed the trial court’s denial of a writ of mandate and complaint for declaratory relief against the City of Anaheim (City).  Arthur E. Stahovich filed a petition alleging the City violated the California Environmental Quality Act…

In Banning Ranch Conservancy v. City of Newport Beach (2012) 2012 Cal.App.LEXIS 1259, the Fourth District Court of Appeal issued a decision upholding the trial court’s denial of Banning Ranch Conservancy’s challenge to the City of Newport Beach’s (City) environmental impact report (EIR) for Sunset Ridge Park (Park Project).  Petitioner alleged that the Park EIR…

In a partially published decision, Central Basin Municipal Water District v. Water Replenishment District of Southern California (Dec. 10, 2012) 2012 Cal. App. LEXIS 1244, the Second District Court of Appeal determined that the Water Replenishment District of Southern California’s (WRD) declaration of a “water emergency” in the Central Basin did not constitute a “project”…

On December 11, 2012, the Third District Court of Appeal changed its decision in Wooster v. Department of Fish and Game (Nov. 26, 2012) 2012 Cal. App. LEXIS 1250 from unpublished to published.  In this decision, the court was asked to determine whether Kelly C. Wooster’s property in Calaveras County should be deemed to be…

On December 13, 2012, Judge Timothy M. Frawley of the Sacramento Superior Court upheld the City of Sacramento’s and LAFCO’s 2008 approval of project entitlements and certification of the EIR for the 577-acre Greenbriar development project in Natomas. The City Council and LAFCO voted to approve the project and annex a section of land into…

In Coastal Defender v. City of Manhattan Beach (Dec. 6, 2012) 2012 Cal. App. Unpub. LEXIS 8919, the Second District Court of Appeal issued an unpublished decision upholding the trial court’s determination that the City of Manhattan Beach correctly concluded a proposed renovation of a restaurant and nightclub was exempt from the California Environmental Quality…