Governor Brown’s office has proposed new legislation that would modify the California Environmental Quality Act (CEQA) to limit the circumstances under which a court could issue an injunction or other stop work order on the California High Speed Rail (HSR) project pending the outcome of CEQA litigation. The proposed legislation aims to protect the HSR
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Court Denies Attorney’s Fees Where Successful Petitioner Does Not Confer a Significant Benefit to Public and Discharges Writ of Mandate After Compliance
In an unpublished opinion, California Oak Foundation v. County of Tehama (2012) 2012 Cal. App. Unpub. Lexis 3970, the California Third District Court of Appeal affirmed a decision denying petitioner’s request for attorney’s fees on the basis that their successful challenge to a golf course community project, which Tehama County approved in 2006, did not…
California’s Highest Court Grants Review of Berkeley Hillside Preservation Decision
On May 23, 2012, the California Supreme Court unanimously agreed to grant review of Berkeley Hillside Preservation v. City of Berkeley (2012) 203 Cal.App.4th 656. The issue before the court will be whether the City of Berkeley must prepare an environmental impact report (EIR) before approving the construction of a 10,000-square-foot single-family home. The trial…
Contents of an Administrative Record: Who is in “Control”?
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…
Substantial Evidence Test Applies to Subsequent Environmental Review After a Negative Declaration Has Been Adopted for a Project
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…
Tolling Agreements to Extend CEQA’s Statute of Limitations during Settlement Discussions are Valid
In Salmon Protection and Watershed Network v. County of Marin (2102) 2012 Cal.App. LEXIS 458, the court considered whether a public agency and a party disputing the adequacy of an EIR could enter into an agreement to toll the statute of limitations setting the time period for filing a CEQA lawsuit to challenge the EIR.…
Constitutionality of AB 900 CEQA Streamlining Challenged in Court
On April 23, 2012, the Planning and Conservation League (PCL) filed a lawsuit challenging the constitutionality of Assembly Bill No. 900 (2011-2012 Reg. Sess.) (see Conservation League v. State of California, RG12626904 (Alameda Sup. Ct.) available at http://www.cnsenvironmentallaw.com/2012/04/26/Conservation.pdf.) AB 900 requires CEQA litigation challenging eligible projects to skip over the superior court and…
Unpublished Decision Upholds State Water Resources Control Board’s Decision to Act as the Lead Agency
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…
Court holds the Integrated Waste Management Act Does Not Vest a County with Any Authority Over Issuance of a Solid Waste Facilities Permit and, Therefore, the County is Not the Decisionmaking Body for the Purposes of CEQA
In No Wetlands Landfill Expansion v. County of Marin (2012) 2012 Cal.App.LEXIS 330, the First Appellate District reversed the trial court’s determination that CEQA required the Marin County Board of Supervisors to hear an administrative appeal from the Marin County Environmental Health Services’s (Marin EHS) approval of a solid waste facilities permit for the expansion…
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)…