On September 19, in a long-awaited and unanimous decision, the California Supreme Court issued its decision in Friends of the College of San Mateo Gardens v. San Mateo County Community College District. The opinion, authored by the Court’s newest justice, Leondra Kruger, resolves a split among the Courts of Appeal regarding the proper procedures for addressing changes to a project that have already been subject to CEQA review. The Court clarified that such changes are not subject to an independent, “new project” threshold test, and that an agency’s decision that no EIR is required as a result of proposed modifications to a previously-approved project is subject to review for substantial evidence. The decision also affirmed the validity of CEQA Guidelines section 15162 and its application of the principles of finality and subsequent review to projects originally approved with a negative declaration.
Downey Brand’s Spring 2016 CEQA and Land Use Litigation Update
I recently had the privilege of presenting the annual CEQA and Land Use Litigation Update at this year’s League of California Cities City Attorneys’ Spring Conference in Newport Beach. The annual conference is attended by more than 450 city attorneys and other legal professionals from across California, and addresses a host of cutting-edge legal issues
Another Busy Year for CEQA in the California Supreme Court: Arguments Set for May 4 in San Mateo Gardens Case; Four Other Cases Pending
2015 was a banner year for CEQA rulings by the California Supreme Court, with four decisions handed down, each of which addressed key issues in the application of the statute and its governing regulations: Berkeley Hillside clarified the application of the “unusual circumstances” exception to categorical exemptions; City of San Diego addressed the feasibility of offsite mitigation; Center for Biological Diversity set new parameters for analysis of greenhouse gas emissions; and CBIA confirmed that CEQA does not address the environment’s impact on a project.