Two CEQA Statute of Limitations Cases, Two Different Results

California Courts of Appeal recently issued two cases addressing the strict statute of limitations applicable to agency action under CEQA. Citizens for a Responsible Caltrans Decision v. Department of Transportation – (March 24, 2020, D074374) __ Cal.5th__ The Fourth District in Citizens for a Responsible Caltrans Decision v. Department of Transportation overturned a lower court’s … Continue Reading

Second District Court of Appeal Finds County Well Permit Approval is “Ministerial,” Exempt from CEQA Review Absent Showing of Discretion, SGMA Absent Agency Law Incorporation

By Thomas Law Group on June 28, 2018 Posted in Exemptions

In California Water Impact Network v. County of San Luis Obispo (2018) 25 Cal. App. 5th 666, the Second District Court of Appeal held that the approval of groundwater well permits was a ministerial act and not subject to CEQA environmental review because no discretion was exercised when such permits were issued. County of San Luis … Continue Reading

Fourth District Court of Appeal Finds Minor Telecommunications Facility on Dedicated Park Land Is Not An “Unusual Circumstance” Exception to CEQA Small Facility Exemption

By Thomas Law Group on March 15, 2018 Posted in Aesthetics, Environmental Resources, Exemptions

In Don’t Cell Our Parks v. City of San Diego (2018) 21 Cal.App.5th 338, the Fourth District Court of Appeal found that the San Diego City Charter (Charter 55) did not prohibit the City of San Diego (City) from approving a telecommunications project within real property held in perpetuity by the City for “park purposes.” The … Continue Reading