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On February 14, 2012, the City of Sacramento will hold a hearing to consider approving the City’s Climate Action Plan (CAP). (http://www.sacgp.org/cap.html.) The CAP is split into two phases. Phase 1, which was adopted in February 2010, addresses GHG emissions from internal municipal operations. Phase 2, which will be considered by the City Council for…

In Friends of Roeding Park v. City of Fresno (E.D. 2012) 2848 F. Supp. 2d 1152, the District Court granted the city’s motion to dismiss Plaintiffs’ lawsuit challenging the planned expansion of the Fresno Chafee Zoo ruling (1) the Court lacks subject matter jurisdiction over Plaintiffs’ National Environmental Policy Act (NEPA), National Historic Preservation Act…

In Ass’n of Irritated Residents v. United States EPA (9th Cir. 2012) 686 F.3d 668,  the Ninth Circuit granted a petition challenging federal Environmental Protection Agency’s (EPA) decision to approve the 2003 SIP Revision on each of the three grounds alleged by the Petitioner.  Specifically, Petitioner alleged (1)EPA’s failure to order California to submit a…

General Development Co. v. City of Santa Maria (January 25, 2012)  202 Cal.App.4th 1391

A developer applied to change the zoning designation for a 4.84 acre parcel of vacant land.  The City of Santa Maria denied the request, and the developer filed a lawsuit, 97 days after the city’s final decision.  The court dismissed developer’s…

Sacramento, January 25, 2012.  Today Governor Brown released a package of CEQA reforms designed to simplify and expedite the approval process for key job-creating projects in California.  The package of CEQA reforms provide the regulatory changes necessary to implement SB 226 (Simitian), which the Governor signed October.

Upon finalization, these reforms will simplify the…

On January 23, 2012, Attorney General Kamala D. Harris filed a Notice of Intent to File a CEQA Petition for Writ of Mandate in Intervention to intervene in the CEQA lawsuit filed by the Cleveland National Forest Foundation and the Center for Biological Diversity on November 28, 2011, challenging the 2050 Regional Transportation Plan/Sustainable Communities…

Center for Sierra Nevada Conservation et al. v. County of El Dorado (January 20, 2012) 202 Cal. App.4th 1156 (Superior Court Case No. PC20080336)

El Dorado County adopted an oak woodland management plan (Management Plan) and mitigation fee program (Fee Program) without first certifying an EIR.  Instead, the County issued a negative declaration that…

In May of 2011, the City of South Lake Tahoe (City) adopted the South Lake Tahoe General Plan Update (Plan). Prior to adopting the Plan, the City determined that certain elements of the Plan were not consistent with the 1987 Tahoe Regional Planning Agency’s (TRPA) Regional Plan for Lake Tahoe. Because TRPA was in the…

The Flanders Foundation v. City of Carmel-by-the-Sea, et al. (January 4, 2012) 202 Cal. App. 4th 603

A citizens group brought suit against the City of Carmel-by-the-Sea challenging the city’s Final EIR prepared in connection with the sale of an historic property known as the Flanders Mansion.  It its action, The Flanders Foundation claimed that…

In Citizens for East Shore Parks v. California State Lands Commission (Dec. 30, 2011) 202 Cal.App.4th 549, a citizen group challenged the California State Lands Commission’s (Commission) approval of a lease renewal for Chevron’s marine terminal in the San Francisco Bay near its refinery in Richmond, California.  At the onset of the review process, the…