CEQA challenges

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Preparation of the administrative record for CEQA litigation is governed by Public Resources Code section 21167.6, subdivision (e).  In Consolidated Irrigation District v. The Superior Court of Fresno County, (2012) ___ Cal.App.4th_____, the court provided important guidance regarding the proper contents of the record and sets some limitations on an agency’s responsibility to respond…

In Abatti v. Imperial Irrigation District (2012) 2012 Cal.App. LEXIS 496, the court considered whether the substantial evidence, rather than the “fair argument,” test applies to determine whether further environmental review is warranted for a subsequent approval where the agency has initially adopted a negative declaration for the project.

In 2006, the irrigation district adopted…

In Sierra Club v. Napa County Board of Supervisors (2012) 2012 Cal.App. LEXIS 454, the Sierra Club challenged a lot line adjustment ordinance adopted by Napa County, which allowed lot line adjustments under the Subdivision Map Act on parcels that had previously been adjusted, as long as the prior lot line adjustment has been completed…

In an unpublished decision, Outfitter Properties v. State Water Resources Control Board (2012) 2012 Cal.App.Unpub.LEXIS 1986, the Third Appellate District Court (Court) upheld a trial court’s rejection of petitioner’s consolidated petition for writ of mandate, which sought to put a stop to the “Battle Creek Salmon and Steelhead Restoration Project” (Project). Several agencies, including the…

In an unpublished decision, North County Watch v. County of San Luis Obispo (2012) 2012 Cal.App. Unpub. LEXIS 2312, the Second Appellate District upheld the trial court’s determination that a petitioner was barred as a matter of law from prevailing on its CEQA challenges because petitioner failed to request a hearing within 90 days of…

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)…

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…

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…

In an unpublished decision, Landwatch San Luis Obispo v. Cambria Community Serv. Dist., 2d Civil No. B229545 (2012), the Court upheld a trial court’s cost award of $14,615.41 to the Cambria Community Service District for time spent preparing the administrative record.  The District initially sought almost $24,000.  In reaching the amount awarded, the trial…