Governor Brown’s office has proposed new legislation that would modify the California Environmental Quality Act (CEQA) to limit the circumstances under which a court could issue an injunction or other stop work order on the California High Speed Rail (HSR) project pending the outcome of CEQA litigation.  The proposed legislation aims to protect the HSR…

In an unpublished opinion, California Oak Foundation v. County of Tehama (2012) 2012 Cal. App. Unpub. Lexis 3970, the California Third District Court of Appeal affirmed a decision denying petitioner’s request for attorney’s fees on the basis that their successful challenge to a golf course community project, which Tehama County approved in 2006, did not…

Upon reaching a large milestone in improving air quality, the Sacramento Metropolitan Air Quality Management District (District) prepared and recently released the 2011 Snapshot Report.  The Report announces the District’s recent achievement of attaining the Federal 1-hour Ozone Standard, but also acknowledges that there is still much to be done.  The District, which includes all…

On May 23, 2012, the California Supreme Court unanimously agreed to grant review of Berkeley Hillside Preservation v. City of Berkeley (2012) 203 Cal.App.4th 656. The issue before the court will be whether the City of Berkeley must prepare an environmental impact report (EIR) before approving the construction of a 10,000-square-foot single-family home. The trial…

In an unpublished opinion, McMillan v. County of Siskiyou (2012) 2012 Cal.App.Unpub. Lexis 3791, the Third District Court of Appeal held a property owner does not have a vested right to mine his property where the previous owner did not assert a vested right to engage in mining activities.

Petitioner acquired property in Siskiyou County…

In Friends of the River v. United State Army Corps of Engineers, 2012 U.S. Dist. LEXIS 59405, the United States Army Corps of Engineers (Corps) adopted several documents establishing “mandatory vegetation-management standards for levees.”  Friends of the River, Defenders of Wildlife, and Center for Biological Diversity (Plaintiffs) filed suit to challenge the Corps’ procedural…

In Wild Equity Institute v. City and County of San Francisco, 2012 U.S. Dist. LEXIS 58620, Plaintiffs, a collection of non-profit conservation groups, sued the City of San Francisco (City) for violation of the Endangered Species Act (ESA), claiming City’s actions as the owner and operator of the Sharp Park Golf Course (SPGC) have…

Petitioner petitioned for a writ of mandate, claiming that the California State Lands Commission (Commission) failed to comply with CEQA and the public trust doctrine in approving Chevron’s lease renewal for a marine terminal. The Superior Court denied the petition. Petitioner appealed to the First District Court of Appeal, which upheld the lower court’s decision.…

California State University (CSU) adopted a master plan to expand its San Diego campus. In its EIR, CSU identified mitigation measures to help alleviate traffic impacts. However, CSU ultimately rejected offsite traffic mitigation measures because it could not ensure that the Legislature would provide money to fund the mitigation. The City of San Diego (City)…

The Imperial Irrigation District, Coachella Valley Water District, and Metropolitan Water District of Southern California entered into various agreements concerning the allocation and conservation of California’s share of Colorado River water. The Imperial Irrigation District filed a validation action, which was opposed by many in separate lawsuits, all challenging the agreements on several grounds, including…