Tina Thomas

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On January 25, 2012, the Governor’s Office of Planning and Research (OPR) released draft CEQA Guidelines to implement Senate Bill (SB) 226. Signed by the Governor last October, SB 226 promotes infill development by: (1) providing flexibility in project design by basing eligibility largely on environmental performance rather than prescribed project characteristics; and (2) avoiding…

In an unpublished decision, the Consolidated Irrigation District filed a petition for writ of mandate challenging the City of Selma’s use of a mitigated negative declaration in approving a 160-unit, 44-acre residential development (Consolidated Irrig. Dist. v. City of Selma, Fifth Appellate District Case No. F061103 (Feb. 8, 2012 – unpublished)).  The trial…

In High Sierra Hikers Association v. United States Department of the Interior (N.D.Cal. 2012) 848 F. Supp. 2d 1036, the U.S. District Court for the Northern District of California, San Francisco Division, addressed whether the National Park Service (NPS) adequately assessed the environmental consequences of its General Management Plan for Sequoia and Kings Canyon National…

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…

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…