Tag: Discretionary

California Supreme Court Throws the Barn Doors Open, Finding That Groundwater Well Permits Aren’t Necessarily Ministerial

By Christian L. Marsh and Austin C. Cho on Posted in CEQA Categorical Exemptions, CEQA Guidelines, Exemptions and "Not a Project" Determinations, General, Non-discretionary Action
On August 27, 2020, in Protecting Our Water and Environmental Resources v. County of Stanislaus, Case No. S251709 (“Protecting Our Water”), the California Supreme Court held that the County in that instance could not categorically classify its issuance of groundwater well construction permits as ministerial decisions exempt from environmental review under the California Environmental Quality … Continue Reading

California Supreme Court Set to Review Companion Groundwater Cases and Resolve When County-Issued Well Permits May Be Treated As Ministerial and Not Subject to CEQA

By Christian L. Marsh and Christopher I. Rendall-Jackson on Posted in CEQA Guidelines, Exemptions and "Not a Project" Determinations, General
After a long drought, the California Supreme Court at its November 14, 2018 conference voted unanimously to grant review of three decisions involving the question of whether well permits issued pursuant to county ordinances and incorporating state groundwater well-drilling standards are ministerial and thus not subject to review under the California Environmental Quality Act (“CEQA”). … Continue Reading
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