Environment, Land & Resources

Category Archives: CEQA

Subscribe to CEQA RSS Feed

California Court of Appeal Agrees Two Activities Constitute One CEQA Project

CEQA Case Report: Understanding the Judicial Landscape for Development[I] By Christopher W. Garrett, Daniel Brunton, James Erselius, and Derek Galey In a published decision issued June 12, 2018, County of Ventura v. City of Moorpark, Case No. B282466, the California Court of Appeal rejected part of the County of Ventura and the City of Fillmore’s … Continue Reading

Amendments to CEQA Guidelines Now in Effect

California Natural Resources Agency adopts final amendments to CEQA Guidelines, providing additional clarifying revisions to GHG impacts, baseline, and deferral of mitigation amendments. By Marc Campopiano, Winston Stromberg, and Samantha Seikkula The California Office of Administrative Law recently approved a suite of amendments to the CEQA Guidelines, which are now in effect. Latham wrote about … Continue Reading

California Supreme Court Clarifies Standard of Review for EIRs and Requirements for Air Quality Impact Analyses

CEQA Case Report: Understanding the Judicial Landscape for Development[I] By Marc T. Campopiano, Christopher W. Garrett, Nathaniel L. Glynn, and Natalie C. Rogers In a published opinion issued December 24, 2018, Sierra Club v. County of Fresno, Case No. S219783, the California Supreme Court determined that an environmental impact report (EIR) prepared and certified by … Continue Reading

California Appeals Court: Which Conflicting Limitations Period Applies to CEQA Claim

CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Christopher H. Norton, Lucas I. Quass and Megan K. Ampe In a published opinion issued on October 23, 2018, Save Lafayette Trees v. City of Lafayette, Case No. A154168, the California Court of Appeal upheld the trial court’s decision to grant a demurrer without leave … Continue Reading

California Court of Appeal Clarifies Procedural Requirement for Requesting CEQA Petition Hearing

CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Christopher W. Garrett, Daniel P. Brunton, Kimberly D. Farbota, and Natalie C. Rogers In an unpublished opinion issued May 3, 2018, Endangered Habitats League, Inc. v. City of San Marcos, Case No. D072404, the California Court of Appeal determined that the Endangered Habitats League (Petitioner) … Continue Reading

California Court of Appeal Upholds Ruling on Area Plan Modifications

CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Christopher W. Garrett, Daniel P. Brunton, Lauren Glaser, and Natalie C. Rogers In an unpublished opinion issued June 19, 2018, Center for Biological Diversity v. County of Los Angeles, Case No. B284427, the California Court of Appeal rejected the Center for Biological Diversity’s (Petitioner) appeal … Continue Reading

California Court of Appeal Dismisses Time-Barred Challenge to Development Phase

CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Christopher W. Garrett, Daniel P. Brunton, James A. Erselius, and Christopher Adam Martinez In an unpublished opinion issued October 22, 2018, Tennis Club Preservation Society v. City of Palm Springs, Case No. E068896, the California Court of Appeal affirmed the trial court’s decision dismissing the … Continue Reading

California Court of Appeal Upholds Noise Analysis in Negative Declaration

CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Christopher W. Garrett, Megan K. Ampe, James A. Erselius In a published opinion issued May 1, 2018, Jensen v. City of Santa Rosa, Case. No. SCV255347, the California Court of Appeal affirmed the trial court’s judgment upholding the City of Santa Rosa’s (City’s) negative declaration … Continue Reading

California Appeals Court Determines Threshold and Scope for EIR Requirement

CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Christopher W. Garrett, Daniel P. Brunton, James A. Erselius, and Robert C. Hull In an unpublished opinion issued May 31, 2018, Save Adelaida v. County of San Luis Obispo, Case No. B279285, the California Court of Appeal partially affirmed the trial court’s decision and held … Continue Reading

California Appeals Court Determines When a Second Challenge Meets Res Judicata

CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Lucas I. Quass, Peter J. Gutierrez, and Roopika Subramanian In a partially published opinion issued September 18, 2018, Atwell v. City of Rohnert Park, Case No. SCV256891, the California Court of Appeal affirmed the trial court’s judgment that the petition for writ of mandate challenging … Continue Reading

California Court of Appeal Upholds Use of Climate Scoping Plan as Threshold of Significance

By Kimberly D. Farbota, Jennifer K. Roy, and Christopher Garrett CEQA Case Report: Understanding the Judicial Landscape for Development[i] In an unpublished opinion issued August 28, 2018, Forest Preservation Society v. Department of Forestry and Fire Protection, Case. No. SCUK-CVPT-15-66284, the California Court of Appeal affirmed the trial court’s judgment and upheld the California Department … Continue Reading

California Appeals Court Upholds Dismissal of Duplicative CEQA Claim

By Christopher W. Garrett, Daniel P. Brunton, Jennifer K. Roy and Derek Galey CEQA Case Report: Understanding the Judicial Landscape for Development[i] In an unpublished opinion issued September 14, 2018, Inland Oversight Comm. v. City of San Bernardino, Case No. E064836, the California Court of Appeal affirmed the trial court’s decision dismissing the Inland Oversight … Continue Reading

California Court of Appeal Upholds CEQA Exemption for Alterations to Archery Range

By James L. Arnone, Benjamin J. Hanelin, Lucas I. Quass, and Christopher Adam Martinez CEQA Case Report: Understanding the Judicial Landscape for Development[I] In an unpublished opinion issued August 30, 2018, Stewards of Public Land v. City of Pasadena, et al., Case No. B277996, the California Court of Appeal affirmed the trial court’s denial of … Continue Reading

California Court of Appeal Overturns Specific Plan EIR for Inadequate Air Quality Impact Mitigation

By Christopher H. Norton, Lucas I. Quass, and Derek Galey CEQA Case Report: Understanding the Judicial Landscape for Development[I] In an unpublished opinion issued July 10, 2018, Sierra Club v. County of Kern, Case No. F071133, the California Court of Appeal reversed the trial court’s decision and remanded for the issuance of a new writ … Continue Reading

California Court of Appeal Rejects City’s MND in Historic District Due to Aesthetic and Traffic Impacts

CEQA Case Report: Understanding the Judicial Landscape for Development[I] By Winston P. Stromberg, Lucas Quass and Christopher Adam Martinez In an opinion published on August 9, 2018, Protect Niles v. City of Fremont, Case No. A151645, the First Appellate District of the California Court of Appeal affirmed the trial court’s issuance of a writ of … Continue Reading

California Court of Appeal Ruling Exempts Parking Requirements From CEQA Review

CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Christopher W. Garrett, Daniel P. Brunton, Natalie C. Rogers, and Roopika Subramanian In a published opinion issued February 28, 2018, Covina Residents for Responsible Development v. City of Covina, Case No. B279590, the Court of Appeal affirmed the trial court’s judgment and upheld the City … Continue Reading

California Appeals Court: Statewide Emissions Goals May Inform Mitigation Measures

CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Christopher W. Garrett, Daniel P. Brunton, Diego Enrique Flores, and Samantha K. Seikkula In an unpublished opinion issued May 18, 2018, Responsible Development for Water Tank Hill v. County of San Mateo, Case No. A150883, the California Court of Appeal affirmed the trial court’s judgment … Continue Reading

California Appeals Court Dismisses As Moot Litigant’s Challenge to Planned Development Approval

CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Christopher W. Garrett, Daniel P. Brunton, James A. Erselius, John D. Niemeyer, and Samantha K. Seikkula In an unpublished opinion issued February 20, 2018, Advocates for Better Cmty. Dev. v. City of Palm Springs, Case No. E066193, the California Court of Appeal dismissed as moot … Continue Reading

California Court of Appeal Upholds CEQA Exemption for Wireless Communications Facility

By Daniel P. Brunton, Lucas I. Quass, and Stephanie L. Postal CEQA Case Report: Understanding the Judicial Landscape for Development [i] In a published opinion issued March 15, 2018, Don’t Cell Our Parks v. City of San Diego, the California Court of Appeal affirmed the trial court’s judgment and upheld the City of San Diego’s … Continue Reading

CEQA Case Report: Understanding the Judicial Landscape for Development

By James Arnone, Lucinda Starrett, Marc Campopiano, and Christopher Garrett California higher courts rule in favor of public agencies on small majority of environmental impact report cases. Over the course of 2017, Latham lawyers reviewed all 46 California Environmental Quality Act (CEQA) cases, both published and unpublished, that came before California appellate courts. These cases covered a … Continue Reading

California Court of Appeal Finds EIR’s Air Quality Analysis Deficient

By Christopher Garrett, James Erselius, and Samantha Seikkula CEQA Case Report: Understanding the Judicial Landscape for Development[1] In a partially published opinion[2] issued January 12, 2018, City of Long Beach v. City of Los Angeles, the California Court of Appeal affirmed in part and reversed in part the trial court’s judgment requiring the City of … Continue Reading

California Court of Appeal Approves Environmental Analysis for Oil Refinery Propane Recovery Project

By Winston P. Stromberg, Lucas I. Quass, and Derek Galey Rodeo Citzens Ass’n v. County of Contra Costa, California Court of Appeal, First Appellate District, Division Three, Case No. A151184 (March 20, 2018). CEQA Case Report: Understanding the Judicial Landscape for Development[i] In a published opinion issued March 20, 2018, Rodeo Citizens v. County of … Continue Reading
LexBlog