Addendum
NIMBYism in Newport Beach: Court Upholds Addendum for Apartment Complex Challenged by NIMBY Neighboring Commercial Property OwnerCourt Finds Use of Addendum Improper as Project’s GHG Emissions Likely Outside the Scope of Prior Programmatic EIR and Unusual Circumstances Exception Applied to Use of Infill Exemption
Administrative Record
California Infrastructure Plan Passes; Governor’s CEQA and Species Reforms are Narrowed, but Signed into LawPetitioner Required To Post Bond For Costs Incurred As A Result Of Delay In Carrying Out Affordable Housing Project In LivermoreAgency Email Correspondence Must be Retained Under CEQA, Appeals Court Holds
Aesthetics
Standard of Review Surprise: Fair Argument Applies Despite Prior Program EIR According to Fourth DistrictDesign Changes to State Capitol Renovation Revealed in FEIR Did Not Adequately Allow for Public Input or Informed Decision-MakingFourth District Finds Failure to Evaluate Consistency with CAP Rendered MND Incomplete Despite no Fair Argument of Inconsistency; Rejects Piecemealing, Project Description, and Aesthetic Impacts Claims, and Others as Barred by a Failure to Exhaust Administrative Remedies
Agricultural Resources
In Consolidated Appeals, Third District Upholds Multiple Trial Court Decisions in Decades-Long Litigation Over CEQA Review of State Water Project ContractsCourt Rejects CEQA and Williamson Act Challenges to a San Benito Solar Power ProjectThird Appellate District Grants Partial Publication of CEQA Decision Relating to Agricultural Mitigation, Urban Decay, Res Judicata, and the Deliberative Process Privilege
Air Quality
AB 1000: Legislative Restrictions on New Warehouse Construction Granted Reconsideration in 2024Oakland and the A’s Prevail on All but One Minor Issue in Ballpark EIR Case; Wind Mitigation Found InadequateAnother CEQA Victory for Conservation Groups in Tahoe, another GHG Mitigation Measure Held Inadequate
Alternatives
Sixth District Says City’s Specific Plan EIR Need Not Analyze Speculative Alternative Scenario Conjured by Project OpponentsCalifornia Supreme Court Grants Review in UC Berkeley People’s Park Student Housing CaseOakland and the A’s Prevail on All but One Minor Issue in Ballpark EIR Case; Wind Mitigation Found Inadequate
Attorney's Fees
City’s Decision to Reduce Floor Area Ratio in Single-Family Residential Zone Violates State Housing LawEnvironmental Real Parties may be entitled to attorney’s fees for helping agency defend against private party attacks on highway route extensionTrial Court Failed to Take Catalytic Effect of CEQA Lawsuit into Account When Denying Petitioners Attorney’s Fees Following Voluntary Dismissal
Baseline
Court Finds Site Visits and Reports Taken Before and After Issuance of NOP Adequate for Establishing Biological Resources Baseline, EIR’s Emergency Evacuation Analysis UpheldDiscretionary Reductions in Water Deliveries Allowed Under Terms of Existing Leases are not a New CEQA ProjectAnother CEQA Victory for Conservation Groups in Tahoe, another GHG Mitigation Measure Held Inadequate
Biological Resources
Design Changes to State Capitol Renovation Revealed in FEIR Did Not Adequately Allow for Public Input or Informed Decision-MakingCourt Finds Site Visits and Reports Taken Before and After Issuance of NOP Adequate for Establishing Biological Resources Baseline, EIR’s Emergency Evacuation Analysis UpheldCEQA Lawsuit, Latest in Decades of Local Opposition Delaying Marin County Housing Development, Met with Judicial Rebuke: “Something is very wrong with this picture”
CEQA Categorical Exemptions
Fourth District Clarifies the Standard of Review for Application of Historical Resources Exemption Under CEQACourt of Appeal Clarifies CEQA’s In-fill Exemption Requirements Alleged Non-Compliance With CEQA is “Not a Defense to the Commission of a Crime” - Court of Appeal Upholds County’s Authority to Enforce Encroachment Laws
CEQA Guidelines
County Ordinance Creating Wildlife Migration Corridor Found in Compliance with CEQA and the Surface Mining and Reclamation ActCourt of Appeal Finds Substantial Evidence Supports City’s Use of Statutory Exemption to Approve a Zoning Overlay District For Commercial Cannabis UsesAlleged Non-Compliance With CEQA is “Not a Defense to the Commission of a Crime” - Court of Appeal Upholds County’s Authority to Enforce Encroachment Laws
CEQA Legislation
Annual Legislative Update: Important Land Use Laws Taking Effect in 2024Court Upholds Master Plan EIR’s Climate Change Analysis that Used Sector and Region-Specific Data to Develop a Threshold of SignificanceCalifornia Infrastructure Plan Passes; Governor’s CEQA and Species Reforms are Narrowed, but Signed into Law
Certified Regulatory Program
Strawberry Fields Forever - Coastal Commission Failed to Complete Environmental Review Before Project’s Approval Under Certified Regulatory Program and Engaged in Post Hoc AnalysisSB 50 “Equitable Communities Incentive” Would Exempt Affordable Housing Developments in “Job-Rich” and “Transit-Rich” Areas from Certain Zoning StandardsCARB Regulatory Advisory “Project Approval” Triggers CEQA Review Despite Agency Certified Regulatory Program, Public Testimony Must Be Adequately Addressed to Meet Cal APA Standards
COVID-19
Trump Signs Executive Order Allowing Agencies to Bypass NEPA, ESA, and CWA RequirementsCOVID-19 Alert: Judicial Council Amends Emergency Rule 9 for CEQA and Planning CasesGovernor Newsom Issues Order Requiring Electronic Posting of CEQA Notices and Suspending CEQA Filing, Posting, Notice, and Tribal Consultation Requirements for 60 Days
Cultural Resources
Trial Court Upholds City’s Discretion Regarding Whether Resources Qualify as Tribal Cultural Resources; AB 52 Consultation Not Required with Tribe that Failed to Timely Request ConsultationCalifornia Supreme Court Grants Review in UC Berkeley People’s Park Student Housing CaseDesign Changes to State Capitol Renovation Revealed in FEIR Did Not Adequately Allow for Public Input or Informed Decision-Making
Cumulative Impacts
Another CEQA Victory for Conservation Groups in Tahoe, another GHG Mitigation Measure Held InadequateImpact Analysis and Mitigation May Be Located in Initial Study Appended to EIR; City Entitled to Deference on Interpretation of Its Municipal CodeSupreme Court Rejects the California State University System’s Erroneous Interpretation of City of Marina v. Board of Trustees of California State University (2006) 39 Cal.4th 341 Regarding its Duty to Mitigate Off-Campus Impacts
Downey Brand CEQA Practice
Trial Court Upholds City’s Discretion Regarding Whether Resources Qualify as Tribal Cultural Resources; AB 52 Consultation Not Required with Tribe that Failed to Timely Request ConsultationDowney Brand Victory: Filing Multiple NODs does not Restart Statute of LimitationsFull Quantification of Water Rights Not Required for CEQA Review, Second District Declares
Endangered Species Act
Four Populations of Foothill Yellow-Legged Frog Listed as Endangered or Threatened Under Federal Endangered Species ActCalifornia Infrastructure Plan Passes; Governor’s CEQA and Species Reforms are Narrowed, but Signed into Law“It just so happens that [Governor Newsom’s Sweeping New Plan to Accelerate Infrastructure Projects] is only mostly dead.” – Miracle Max from The Princess Bride
Energy Impacts
California Supreme Court Clarifies Legal Standard for State PreemptionAnother CEQA Victory for Conservation Groups in Tahoe, another GHG Mitigation Measure Held InadequateFIRST APPELLATE DISTRICT FINDS WAREHOUSE STORE PROJECT EIR FAILED TO SUFFICIENTLY ANALYZE POTENTIAL ENERGY IMPACTS IN PARTIALLY PUBLISHED OPINION
Environmental Impact Report (EIR)
Court Upholds Master Plan EIR’s Climate Change Analysis that Used Sector and Region-Specific Data to Develop a Threshold of SignificanceSixth District Says City’s Specific Plan EIR Need Not Analyze Speculative Alternative Scenario Conjured by Project OpponentsCourt of Appeal Rules No Additional Environmental Review Required for Monterey Peninsula Water Supply Project
Environmental Resources
Fourth District Court of Appeal Finds Minor Telecommunications Facility on Dedicated Park Land Is Not An “Unusual Circumstance” Exception to CEQA Small Facility ExemptionPrivate Attorney General Doctrine Attorney's Fee Award Proper Where Financial Burden Disproportionate to Financial StakeThird District Court of Appeal Gives Great Deference in Quasi-Judicial Agency Decision Not to Delist Coho Salmon, Ending Decades-Long Dispute
Exceptions to CEQA Categorical Exemptions
County Ordinance Creating Wildlife Migration Corridor Found in Compliance with CEQA and the Surface Mining and Reclamation ActFourth District Clarifies the Standard of Review for Application of Historical Resources Exemption Under CEQANeighbor’s General Complaints of Environmental Concerns Insufficient to Exhaust Administrative Remedies as to CEQA Exemption Determination
Exemptions and "Not a Project" Determinations
Privately Owned Public Utility Not Required to Comply With CEQA in Eminent Domain ActionNeighbor’s General Complaints of Environmental Concerns Insufficient to Exhaust Administrative Remedies as to CEQA Exemption DeterminationCalifornia Supreme Court Throws the Barn Doors Open, Finding That Groundwater Well Permits Aren’t Necessarily Ministerial
Final Environmental Impact Reports
Court of Appeal Rules No Additional Environmental Review Required for Monterey Peninsula Water Supply ProjectSixth District Upholds City’s Rejection of Proposed Compensatory Mitigation for Demolition of Historic BuildingDesign Changes to State Capitol Renovation Revealed in FEIR Did Not Adequately Allow for Public Input or Informed Decision-Making
General
Sackett v. EPA: U.S. Supreme Court Redefines Waters of the United States, Eliminating Federal Jurisdiction Over Certain Wetlands and Other WatersThird District Finds County General Plan Requirements for Mitigating Traffic Impacts Present an Unconstitutional ExactionBiden’s Inauguration Day Executive Order on Environment and Energy Regulation
Greenhouse Gas Emissions
Court Upholds Master Plan EIR’s Climate Change Analysis that Used Sector and Region-Specific Data to Develop a Threshold of SignificanceTrial Court’s Jurisdiction over CEQA Case is Lost after Writ is Satisfied by Rescission of Project ApprovalsOakland and the A’s Prevail on All but One Minor Issue in Ballpark EIR Case; Wind Mitigation Found Inadequate
Hazards
Oakland and the A’s Prevail on All but One Minor Issue in Ballpark EIR Case; Wind Mitigation Found InadequateGHG Mitigation Once More Found Lacking in San Diego County EIR; Fourth District Also Identifies General Plan Inconsistency but Upholds Wildfire and Air Quality Analyses in Unpublished OpinionMaacama Watershed Alliance v. County of Sonoma (2019) Cal.App.5th 1007
Historic Site
Statue’s Status is History: City Prevails in CEQA Challenge to Removal of Junipero Serra StatueSixth District Upholds City’s Rejection of Proposed Compensatory Mitigation for Demolition of Historic BuildingDesign Changes to State Capitol Renovation Revealed in FEIR Did Not Adequately Allow for Public Input or Informed Decision-Making
Impact Analysis
Sixth District Says City’s Specific Plan EIR Need Not Analyze Speculative Alternative Scenario Conjured by Project OpponentsNIMBYism in Newport Beach: Court Upholds Addendum for Apartment Complex Challenged by NIMBY Neighboring Commercial Property OwnerCalifornia Supreme Court Grants Review in UC Berkeley People’s Park Student Housing Case
Initial Studies
Impact Analysis and Mitigation May Be Located in Initial Study Appended to EIR; City Entitled to Deference on Interpretation of Its Municipal CodeFirst Appellate District Denies Initial Study Noise Level Challenge to Transitional Housing Project Based on Non-Expert AnalysisIN UNPUBLISHED OPINION, COURT OF APPEAL UPHOLDS CEQA REVIEW FOR FRESNO’S FULTON MALL PROJECT
Mitigated Negative Declaration (MND)
Trial Court Upholds City’s Discretion Regarding Whether Resources Qualify as Tribal Cultural Resources; AB 52 Consultation Not Required with Tribe that Failed to Timely Request ConsultationDowney Brand Victory: Filing Multiple NODs does not Restart Statute of LimitationsTrial Court’s Jurisdiction over CEQA Case is Lost after Writ is Satisfied by Rescission of Project Approvals
Mitigation
Sixth District Upholds City’s Rejection of Proposed Compensatory Mitigation for Demolition of Historic BuildingOakland and the A’s Prevail on All but One Minor Issue in Ballpark EIR Case; Wind Mitigation Found InadequateAttorney General Issues Guidance Outlining Best Practices for Analyzing and Mitigating Wildfire Impacts Under CEQA
Mootness
Standard of Review Surprise: Fair Argument Applies Despite Prior Program EIR According to Fourth DistrictEmergency Pandemic Tolling no Excuse for Untimely CEQA Suit; Petitioner’s Attempts to Evade Procedural Dismissal UnsuccessfulDepartment of Water Resources Deemed Immune from Sacramento County Well Ordinance Requiring Permits for Geotechnical Drilling
Negative Declaration
Trial Court Upholds City’s Discretion Regarding Whether Resources Qualify as Tribal Cultural Resources; AB 52 Consultation Not Required with Tribe that Failed to Timely Request ConsultationDowney Brand Victory: Filing Multiple NODs does not Restart Statute of LimitationsProject Applicants and Lead Agencies Cannot Have it Both Ways: CEQA Requires Preparation of an MND or EIR, But Not Both
NEPA
The Fiscal Responsibility Act’s Modest NEPA Amendments to Streamline Project ReviewNinth Circuit Holds That a Project’s NEPA Analysis Need Not Explain Why Its Impact Significance Conclusions Differ from CEQA Analysis of the Same Project; Dissent Perceives Environmental Racism at WorkLake Norconian Club Foundation v. Department of Corrections & Rehabilitation, 39 Cal. App. 5th 1044
News
Four Populations of Foothill Yellow-Legged Frog Listed as Endangered or Threatened Under Federal Endangered Species ActCalifornia Infrastructure Plan Passes; Governor’s CEQA and Species Reforms are Narrowed, but Signed into LawAB 1000: Legislative Restrictions on New Warehouse Construction Granted Reconsideration in 2024
Noise
California Supreme Court Grants Review in UC Berkeley People’s Park Student Housing CaseFirst Appellate District Denies Initial Study Noise Level Challenge to Transitional Housing Project Based on Non-Expert AnalysisPrivate Attorney General Doctrine Attorney's Fee Award Proper Where Financial Burden Disproportionate to Financial Stake
Our Cases
Downey Brand Victory: Filing Multiple NODs does not Restart Statute of LimitationsApproval of Initial Entitlement Triggers CEQA Statute of Limitations, Even Where Project Requires Additional Entitlements for ImplementationIn Unpublished Opinion, Court Finds Los Angeles Development Project Description Accurate and Stable Despite a New Alternative Being Added to the FEIR and Approval of a Variation of that New Alternative
Pre-Commitment (Save Tara)
Discretionary Reductions in Water Deliveries Allowed Under Terms of Existing Leases are not a New CEQA ProjectCEQA Lawsuit, Latest in Decades of Local Opposition Delaying Marin County Housing Development, Met with Judicial Rebuke: “Something is very wrong with this picture”Approval of Initial Entitlement Triggers CEQA Statute of Limitations, Even Where Project Requires Additional Entitlements for Implementation
Procedural Issues
Trial Court Upholds City’s Discretion Regarding Whether Resources Qualify as Tribal Cultural Resources; AB 52 Consultation Not Required with Tribe that Failed to Timely Request ConsultationTrial Court’s Jurisdiction over CEQA Case is Lost after Writ is Satisfied by Rescission of Project ApprovalsSubstantial Changes to Marilyn Monroe Art Installation Extends Statute of Limitations to Challenge Under CEQA
Project Description/Piecemealing
Design Changes to State Capitol Renovation Revealed in FEIR Did Not Adequately Allow for Public Input or Informed Decision-MakingIn Unpublished Opinion, Court Finds Los Angeles Development Project Description Accurate and Stable Despite a New Alternative Being Added to the FEIR and Approval of a Variation of that New AlternativeIn Consolidated Appeals, Third District Upholds Multiple Trial Court Decisions in Decades-Long Litigation Over CEQA Review of State Water Project Contracts
Public Services
Design Changes to State Capitol Renovation Revealed in FEIR Did Not Adequately Allow for Public Input or Informed Decision-MakingON REMAND, FIRST DISTRICT MODIFIES CITY OF HAYWARD OPINION TO REQUIRE FURTHER CONSIDERATION OF THE FEASIBILITY OF OFF-SITE MITIGATIONNewly Published Appellate Decision Holds Analysis of Parkland Impacts for Campus Master Plan Fails to Comply with CEQA
Recirculation
Oakland and the A’s Prevail on All but One Minor Issue in Ballpark EIR Case; Wind Mitigation Found InadequateDesign Changes to State Capitol Renovation Revealed in FEIR Did Not Adequately Allow for Public Input or Informed Decision-MakingAnother CEQA Victory for Conservation Groups in Tahoe, another GHG Mitigation Measure Held Inadequate
Recreation
Public Trust Doctrine Applies to Groundwater, Sustainable Groundwater Management Act Exists Concurrently with Common Law and Did Not “Occupy the Field”ON REMAND, FIRST DISTRICT MODIFIES CITY OF HAYWARD OPINION TO REQUIRE FURTHER CONSIDERATION OF THE FEASIBILITY OF OFF-SITE MITIGATIONNewly Published Appellate Decision Holds Analysis of Parkland Impacts for Campus Master Plan Fails to Comply with CEQA
Remedies
Supreme Court Declines to Stay Court-Imposed Enrollment Cap at UC BerkeleyIn Consolidated Appeals, Third District Upholds Multiple Trial Court Decisions in Decades-Long Litigation Over CEQA Review of State Water Project ContractsFifth District Upholds Grant of Petition Challenging Inyo County’s Use of Eminent Domain to Acquire Ownership of Landfill Sites it Leases and Operates Under a Categorical Exemption
Responsible Agencies
Third Circuit Makes Clear That Lead Agencies and Responsible Agencies Alike Must Make Findings Under CEQAPoseidon’s Desalination Plant’s Supplemental EIR Holds Water According to the Court of AppealFirst Appellate District Approves Responsible Agency’s Imposition of Mitigation Not Considered in the EIR
Scope of CEQA
Statue’s Status is History: City Prevails in CEQA Challenge to Removal of Junipero Serra StatuePrivately Owned Public Utility Not Required to Comply With CEQA in Eminent Domain ActionCEQA Lawsuit, Latest in Decades of Local Opposition Delaying Marin County Housing Development, Met with Judicial Rebuke: “Something is very wrong with this picture”
Significance Thresholds
Attorney General Issues Guidance Outlining Best Practices for Analyzing and Mitigating Wildfire Impacts Under CEQAAnother CEQA Victory for Conservation Groups in Tahoe, another GHG Mitigation Measure Held InadequateFirst District Court of Appeal Considers Certified Regulatory Programs' Potential Mitigation Measure Disclosure Standards
Standard of Review
Trial Court Upholds City’s Discretion Regarding Whether Resources Qualify as Tribal Cultural Resources; AB 52 Consultation Not Required with Tribe that Failed to Timely Request ConsultationFourth District Clarifies the Standard of Review for Application of Historical Resources Exemption Under CEQASixth District Says City’s Specific Plan EIR Need Not Analyze Speculative Alternative Scenario Conjured by Project Opponents
Subsequent CEQA Review
Court of Appeal Rules No Additional Environmental Review Required for Monterey Peninsula Water Supply ProjectStandard of Review Surprise: Fair Argument Applies Despite Prior Program EIR According to Fourth DistrictNIMBYism in Newport Beach: Court Upholds Addendum for Apartment Complex Challenged by NIMBY Neighboring Commercial Property Owner
Supplemental Environmental Impact Report
Standard of Review Surprise: Fair Argument Applies Despite Prior Program EIR According to Fourth DistrictSixth District Upholds City’s Rejection of Proposed Compensatory Mitigation for Demolition of Historic BuildingFirst District Court of Appeal Finds University of California’s Decision to Increase Enrollment Is Not Exempt from CEQA Review
Tiering/Streamlining
Standard of Review Surprise: Fair Argument Applies Despite Prior Program EIR According to Fourth DistrictCalifornia Infrastructure Plan Passes; Governor’s CEQA and Species Reforms are Narrowed, but Signed into LawOakland and the A’s Prevail on All but One Minor Issue in Ballpark EIR Case; Wind Mitigation Found Inadequate
Transportation
NIMBYism in Newport Beach: Court Upholds Addendum for Apartment Complex Challenged by NIMBY Neighboring Commercial Property OwnerDesign Changes to State Capitol Renovation Revealed in FEIR Did Not Adequately Allow for Public Input or Informed Decision-MakingCEQA Lawsuit, Latest in Decades of Local Opposition Delaying Marin County Housing Development, Met with Judicial Rebuke: “Something is very wrong with this picture”
Urban Decay
FEDERAL COURT GRANTS SUMMARY JUDGMENT ON MOST CLAIMS TO LOCAL AND FEDERAL AGENCIES FOR CEQA AND NEPA CHALLENGES TO LOS ANGELES LIGHT RAIL PROJECTCOURT FINDS PROGRAMMATIC EIR FOR RETAIL DEVELOPMENT INCLUDED INADQUATE ANALYSIS OF URBAN DECAY AND ENERGY IMPACTSCOURT FINDS PROGRAMMATIC EIR FOR RETAIL DEVELOPMENT INCLUDED INADQUATE ANALYSIS OF URBAN DECAY AND ENERGY IMPACTS
Water Quality
Sackett v. EPA: U.S. Supreme Court Redefines Waters of the United States, Eliminating Federal Jurisdiction Over Certain Wetlands and Other WatersCalifornia Appeals Court Rules that State Water Board’s Duty to Prevent Waste and Unreasonable Use of Water is “Highly Discretionary”Discretionary Reductions in Water Deliveries Allowed Under Terms of Existing Leases are not a New CEQA Project
Wildfire
Court Finds Site Visits and Reports Taken Before and After Issuance of NOP Adequate for Establishing Biological Resources Baseline, EIR’s Emergency Evacuation Analysis UpheldAttorney General Issues Guidance Outlining Best Practices for Analyzing and Mitigating Wildfire Impacts Under CEQACEQA Lawsuit, Latest in Decades of Local Opposition Delaying Marin County Housing Development, Met with Judicial Rebuke: “Something is very wrong with this picture”