May 3, 2012, Sacramento. Our very own Tina Thomas was honored by Cottage Housing at its 3rd Annual Beacon of Hope celebration. For more than 30 years, Tina has served as a tenacious pro bono advocate for a wide array of homeless services programs including Cottage Housing, Loaves & Fishes, Sacramento Food Bank & Family
Third Appellate District Grants Partial Publication of CEQA Decision Relating to Agricultural Mitigation, Urban Decay, Res Judicata, and the Deliberative Process Privilege
In Citizens for Open Government v. City of Lodi (2012) ___ Cal.App.4th ___ (Opinion), the Court rejected Citizens for Open Government’s and Lodi First’s (Petitioners) challenges to the reapproval by defendant City of Lodi (City) of a conditional use permit for a proposed shopping center to be anchored by a Wal-Mart Supercenter (Project)
9th Circuit Court of Appeals Lifts Stay to allow CARB to Continue Implementing LCFS
In Rocky Mountain Farmers Union v. Goldstene (Case no. CV-F-09-2234), the U.S. District Court for the Eastern District granted summary judgment in favor of a group of farming and oil-industry plaintiffs, finding that the Low Carbon Fuel Standard (“LCFS”) regulations promulgated by the California Air Resources Board (“CARB”) to implement provisions of California Assembly Bill
SACOG Adopts Joint Metropolitan Transportation Plan/Sustainable Communites Strategy
On April 19, 2012, the Sacramento Area Council of Governments (SACOG), the Metropolitan Planning Organization responsible for developing the state and federally required Metropolitan Transportation Plan (MTP) for the 22 cities and six counties in the greater Sacramento region, adopted its first joint MTP / Sustainable Communities Strategy (SCS) as required by Senate Bill 375.
Court Disagrees with Sunnyvale and Madera Decisions and Holds that use of Projected Future Conditions as a Baseline for Analyzing Environmental Impacts is Proper where Supported by Substantial Evidence
In Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (2012 Cal.App. LEXIS 434), the Second Appellate District upheld the lead agency’s determination that a future 2030 baseline was proper for determining the significance of traffic and air quality impacts caused by a proposed light rail project in Los Angeles. The EIR at issue
New Supreme Court Decision on Exhaustion of Administrative Remedies under CEQA will be issued this Spring or Summer
In Tomlinson v. County of Alameda (2010) 188 Cal.App.4th 1406, the petitioners challenged the County’s determination that the infill exemption set forth in the CEQA Guidelines (Section 15332) applied to a development project located within the County and not within a city. The County argued the petitioners failed to exhaust their administrative remedies on this
The Sacketts will have their day in Court to Challenge an EPA Compliance Order
In a unanimous decision, the U.S. Supreme Court overturned the lower courts’ ruling and held that Michael and Chantell Sackett, Petitioners, may bring a civil action under the Administrative Procedure Act (APA) to challenge the Environmental Protection Agency’s (EPA) issuance of an administrative compliance order for alleged violation of Section 309 of the Clean Water
Court Orders Partial Publication of Consol. Irrigation Dist. v. City of Selma (2012) __ Cal.App.4th __
On March 9, 2012, the Fifth Appellate District ordered a portion of its decision in Consol. Irrigation Dist. v. City of Selma (2012) __ Cal.App.4th __ (2012 Cal. App. LEXIS 277) published. Specifically, the Court ordered all but Sections I.A., III., IV.C., IV.D., V., and VI. of DISCUSSION published. The portions of the opinion ordered
Thomas Law Group Research Supports Conclusions in San Francisco Chronicle Highlighting the Need for CEQA Reform
On March 6, 2012, the San Francisco Chronicle published an article entitled “Costly, lengthy appeals part of S.F.’s culture.” (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/03/06/MNB21N1TA9.DTL.) The article highlights how San Francisco’s environmental appeal process and environmental litigation are often used to stall and kill projects within San Francisco. The article noted that in 2011, eleven CEQA lawsuits were
City Appeal of Trial Court Order Found Moot where City had Complied with the Order
In Building a Better Redondo v. City of Redondo Beach (February 22, 2012) __ Cal.App.4th __ (Case No. 124769), a group of slow-growth advocates brought a petition for writ of mandate and declaratory relief against the City of Redondo Beach, seeking an order compelling the city to submit a local coastal program amendment to public