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
Downey Brand Victory: EIR Upheld for Sand and Gravel Mine; Lead Agency Allowed to Recover Administrative Record CostsFourth District Finds in Favor of Project Proponent in Action Challenging Agency’s Failure to Apply Section 15183 ExemptionCalifornia Infrastructure Plan Passes; Governor’s CEQA and Species Reforms are Narrowed, but Signed into Law
Aesthetics
Fourth District Finds in Favor of Project Proponent in Action Challenging Agency’s Failure to Apply Section 15183 ExemptionStandard 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-Making
Agricultural Resources
Downey Brand Victory: EIR Upheld for Sand and Gravel Mine; Lead Agency Allowed to Recover Administrative Record CostsIn 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 Project
Air Quality
Bird Species of Conservation Concern Not Necessarily “Rare” for the Purposes of CEQA’s Class 32 Infill ExemptionFourth District Finds in Favor of Project Proponent in Action Challenging Agency’s Failure to Apply Section 15183 ExemptionAB 1000: Legislative Restrictions on New Warehouse Construction Granted Reconsideration in 2024
Attorney's Fees
Downey Brand Victory: EIR Upheld for Sand and Gravel Mine; Lead Agency Allowed to Recover Administrative Record CostsCity’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 extension
Baseline
Downey Brand Victory: EIR Upheld for Sand and Gravel Mine; Lead Agency Allowed to Recover Administrative Record CostsExtensions to State Project Long-Term Water Supply Contracts Survive AppealCourt Finds Site Visits and Reports Taken Before and After Issuance of NOP Adequate for Establishing Biological Resources Baseline, EIR’s Emergency Evacuation Analysis Upheld
Biological Resources
Downey Brand Victory: EIR Upheld for Sand and Gravel Mine; Lead Agency Allowed to Recover Administrative Record CostsBird Species of Conservation Concern Not Necessarily “Rare” for the Purposes of CEQA’s Class 32 Infill ExemptionDesign Changes to State Capitol Renovation Revealed in FEIR Did Not Adequately Allow for Public Input or Informed Decision-Making
CEQA Categorical Exemptions
EIR Certification and Categorical Exemption Upheld for Components of Los Angeles Westside Mobility PlanFirst District Employs New Framework for Analyzing Existing Use Exemption in Finding Conversion of Oil Extraction Well for Groundwater Injection Exempt Under CEQABird Species of Conservation Concern Not Necessarily “Rare” for the Purposes of CEQA’s Class 32 Infill Exemption
CEQA Guidelines
Are Your CEQA Thresholds Supported by Substantial Evidence? Fourth District Rules San Diego County’s Thresholds of Significance Used in Transportation Plan Lack Supporting Substantial EvidenceFirst District Employs New Framework for Analyzing Existing Use Exemption in Finding Conversion of Oil Extraction Well for Groundwater Injection Exempt Under CEQABird Species of Conservation Concern Not Necessarily “Rare” for the Purposes of CEQA’s Class 32 Infill Exemption
CEQA Legislation
Senate Bill 607 and Potential Sweeping Changes to CEQAAre Your CEQA Thresholds Supported by Substantial Evidence? Fourth District Rules San Diego County’s Thresholds of Significance Used in Transportation Plan Lack Supporting Substantial EvidenceSixth District Holds CEQA 30-Day Statute of Limitations Triggered by Local Agency’s Definition of “Final” Approval
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
Extensions to State Project Long-Term Water Supply Contracts Survive AppealAnother 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 Code
Downey Brand CEQA Practice
California Supreme Court Reverses First District Court of Appeal's Decision in UC Berkeley People's Park Student Housing CaseTrial 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 Limitations
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)
Sixth District Holds CEQA 30-Day Statute of Limitations Triggered by Local Agency’s Definition of “Final” ApprovalCalifornia Supreme Court Reverses First District Court of Appeal's Decision in UC Berkeley People's Park Student Housing CaseFourth District Finds in Favor of Project Proponent in Action Challenging Agency’s Failure to Apply Section 15183 Exemption
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
EIR Certification and Categorical Exemption Upheld for Components of Los Angeles Westside Mobility PlanCounty 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 CEQA
Exemptions
Governor Newsom Issues Executive Order Broadening Existing CEQA and Coastal Act Exemptions for Rebuilding in Areas Impacted by Fire and Windstorm EmergencyCEQA Legislative Fix For State Capitol Renovation Upheld, All Work Performed ExemptFirst District Employs New Framework for Analyzing Existing Use Exemption in Finding Conversion of Oil Extraction Well for Groundwater Injection Exempt Under CEQA
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
Are Your CEQA Thresholds Supported by Substantial Evidence? Fourth District Rules San Diego County’s Thresholds of Significance Used in Transportation Plan Lack Supporting Substantial EvidenceCourt 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 Approvals
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
Housing
California Supreme Court Reverses First District Court of Appeal's Decision in UC Berkeley People's Park Student Housing CaseCity of Livermore Must Process a Referendum Challenging an Affordable Housing Development ProjectHAA does not Mandate Approval of Housing Project Found Inconsistent with Zoning
Impact Analysis
California Supreme Court Reverses First District Court of Appeal's Decision in UC Berkeley People's Park Student Housing CaseU.S. Supreme Court rules that legislatively-imposed permit conditions must satisfy the ‘essential nexus’ and ‘rough proportionality’ tests for takingsSixth District Says City’s Specific Plan EIR Need Not Analyze Speculative Alternative Scenario Conjured by Project Opponents
Initial Studies
Fourth District Finds in Favor of Project Proponent in Action Challenging Agency’s Failure to Apply Section 15183 ExemptionImpact 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 Analysis
Land Use/Planning
U.S. Supreme Court Limits Use of Environmental Review as a RoadblockSixth District Holds CEQA 30-Day Statute of Limitations Triggered by Local Agency’s Definition of “Final” ApprovalU.S. Supreme Court rules that legislatively-imposed permit conditions must satisfy the ‘essential nexus’ and ‘rough proportionality’ tests for takings
Litigation
CEQA Causes of Action Based on the Subdivision Map Act May be Subject to the Subdivision Map Act’s Statute of LimitationsEIR Certification and Categorical Exemption Upheld for Components of Los Angeles Westside Mobility PlanFirst District Holds that Analysis of Development’s Increased Wildfire Risk is a Necessary Component of Project EIR
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
EIR Certification and Categorical Exemption Upheld for Components of Los Angeles Westside Mobility PlanFirst District Employs New Framework for Analyzing Existing Use Exemption in Finding Conversion of Oil Extraction Well for Groundwater Injection Exempt Under CEQASixth District Upholds City’s Rejection of Proposed Compensatory Mitigation for Demolition of Historic Building
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
U.S. Supreme Court Limits Use of Environmental Review as a RoadblockThe 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 Work
News
Governor Newsom Issues Executive Order Broadening Existing CEQA and Coastal Act Exemptions for Rebuilding in Areas Impacted by Fire and Windstorm EmergencyFour 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
Noise
California Supreme Court Reverses First District Court of Appeal's Decision in UC Berkeley People's Park Student Housing CaseFourth District Finds in Favor of Project Proponent in Action Challenging Agency’s Failure to Apply Section 15183 ExemptionCalifornia Supreme Court Grants Review in UC Berkeley People’s Park Student Housing Case
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
Sixth District Holds CEQA 30-Day Statute of Limitations Triggered by Local Agency’s Definition of “Final” ApprovalCEQA Causes of Action Based on the Subdivision Map Act May be Subject to the Subdivision Map Act’s Statute of LimitationsDowney Brand Victory: EIR Upheld for Sand and Gravel Mine; Lead Agency Allowed to Recover Administrative Record Costs
Project Description/Piecemealing
Extensions to State Project Long-Term Water Supply Contracts Survive AppealDesign 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 Alternative
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
Extensions to State Project Long-Term Water Supply Contracts Survive AppealOakland 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-Making
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
Significance Thresholds
Are Your CEQA Thresholds Supported by Substantial Evidence? Fourth District Rules San Diego County’s Thresholds of Significance Used in Transportation Plan Lack Supporting Substantial EvidenceAttorney 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 Inadequate
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
Fourth District Finds in Favor of Project Proponent in Action Challenging Agency’s Failure to Apply Section 15183 ExemptionStandard 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 Law
Transportation
U.S. Supreme Court Limits Use of Environmental Review as a RoadblockNIMBYism 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-Making
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
Governor Newsom Issues Executive Order Broadening Existing CEQA and Coastal Act Exemptions for Rebuilding in Areas Impacted by Fire and Windstorm EmergencyCourt 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 CEQA