CEQA

First District Court of Appeal finds California Department of Pesticide’s CEQA Documentation for Pesticide Registration Inadequate

In Pesticide Action Network North America v. California Department of Pesticide Regulation (September 19, 2017) Case No. A145632, the First District Court of appeal considered whether the Department of Pesticide Regulation met its CEQA obligations under the Department’s certified regulatory program. Documents prepared pursuant to the regulatory program serve as the functional equivalent of CEQA […]

CEQA Plaintiffs Still Searching For “Unusual Circumstances”

The First District Court of Appeal recently upheld the City of South San Francisco’s decision to approve a CUP for converting office buildings to a medical clinic via a CEQA categorical exemption. (Respect Life South San Francisco v. City of South San Francisco (2017) Case No. A145992.) The proposed conversion included only minor physical changes […]

First District Court of Appeal: City not Required to Consider Compliance with the Subdivision Map Act Prior to Certifying CEQA Document or Issuing Entitlements

The First District Court of Appeal reversed a lower court decision setting aside the City of Redwood’s decision to certify an EIR and approve a planned development permit for 4.75 acres in the case Save Laurel Way v. City of Redwood City (August 29, 2017, Case No. A147942). Project opponents raised multiple claims, including violation […]

First District Court of Appeal Upholds County’s Decision to Issue Ministerial Permit Exempt from CEQA

The California Supreme Court denied a request for depublication in Sierra Club v. County of Sonoma (2017) 11 Cal.App.5th 11, on July 26, 2017. As a result, the First District Court of Appeal’s decision finding against Sierra Club and Center for Biological Diversity is citable precedent. The case involved a challenge to Sonoma County’s decision […]

California Supreme Court Strikes Down EIR for Failure to Consider Potential ESHA on the Project Site

In a recent decision, the California Supreme Court added to the complexity of CEQA review for projects in coastal areas. On March 30, 2017, the Supreme Court issued its holding in Banning Ranch Conservancy v. City of Newport Beach (S227473), which struck down an Environmental Impact Report (EIR) prepared by the City of Newport Beach […]

Santa Barbara County Water Supply Vanishing Due to Drought

    Santa Barbara County Water Supply Vanishing Due to Drought The reservoir serving much of Santa Barbara County reached a record low this summer and could continue to disappear with a dry winter. The 3,000 acre reservoir, Lake Cachuma (see above photos in “before” and “after” shots), holds Santa Barbara County’s drinking water and reached […]

CEQA: New Project? Nope. Supplemental Review Say Supremes

California Supreme Court rejects “new project” test for supplemental review and upholds the application of CEQA Guidelines section 15162 to negative declarations. After requesting additional briefing, the California Supreme Court published its decision in Friends of the College of San Mateo Gardens v. San Mateo Community College District (S214061) on September 19, 2016. In its […]

Riverside County Showdown: Environmental Groups vs. Federal Highway Administration

Environmental Groups Move for Summary Judgment in Suit Against Federal Highway Administration Environmental groups recently filed for summary judgment, alleging that the Federal Highway Administration (“FHWA”) failed to consider community impacts or less harmful alternatives prior to approving a $1.7 billion highway project, the Mid County Parkway (“MCP”), in Riverside County. The Center for Biological […]

California Rep. Asks FERC to Remove Klamath Dam

Rep. Huffman of California Asks FERC to Approve Klamath Dam Removal On October 12th, Rep. Jared Huffman, D-Calif., Ranking Member on the Water Power, and Oceans Subcommitte on the House Committee on Natural Resources, sent a letter to the Federal Energy Regulatory Commission (“FERC”), urging FERC to approve applications which would allow the transfer of […]

Environmental Groups Pile On Proposed Warriors Arena

Environmental groups voice opposition to proposed Warriors arena citing inadequate analysis of traffic, air quality, and noise impacts. On October 3, 2016, the Center for Biological Diversity, Coalition for Clean Air, Communities for a Better Environment, and Sunset Coalition (“Coalition”) submitted an amicus curiae brief in opposition to the arena, joining the petitioners/appellants in alleging […]

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