Court Broadly Applies CEQA's Remedial Provisions

Golden Gate Land Holdings LLC v. East Bay Regional Park District (2013) ___ Cal.App.4th ___ A California Appellate Court has ruled that project approvals may remain intact while lead agencies cure certain violations under the California Environmental… Read More
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Categories: Articles, CEQA

California Court Ratifies 9-Year-Old EIR & Limits Applicability of Subsequent Environmental Review

Concerned Dublin Citizens v. City of Dublin (2013) __ Cal.App.4th __, 2013 WL 1235649 In Concerned Dublin Citizens v. City of Dublin (2013) __ Cal.App.4th __, 2013 WL 1235649, the First District Court of Appeal held that a residential development pro… Read More
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Categories: Articles, CEQA

CEQA Reform Watch: New Proposed Amendments

California Senators Darrel Steinberg (D-Sacramento) and Noreen Evans (D-Santa Rosa) have each introduced legislation to amend the California Environmental Quality Act (“CEQA”). Senator Steinberg’s bill, SB 731, introduced on Februar… Read More
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Categories: Articles, CEQA

Lead Agencies not Bound by Appendix G in Setting CEQA Thresholds

Save Cuyama Valley v. County of Santa Barbara (2013) ___ Cal.App.4th ___ In Save Cuyama Valley v. County of Santa Barbara (2013) ___ Cal.App.4th ___, a California Court of Appeal has ruled that a lead agency need not use the CEQA Guidelines Appendix… Read More
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Categories: Articles, CEQA

California Court Rejects Piecemealing Argument Where Different Projects Share Common Access Road

Banning Ranch Conservancy v. City of Newport Beach (2012) 211 Cal.App.4th 1209 In Banning Ranch Conservancy v. City of Newport Beach (2012) 211 Cal.App.4th 1209, a California court rejected claims that a city “piecemealed” its CEQA review… Read More
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Categories: Articles, CEQA

California Court Upholds CEQA Baseline Composed of Future Conditions for Long-Term Rail Project

Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (2012) 204 Cal.App.4th 1480 In Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (2012) 204 Cal.App.4th 1480, the Second Appellate District has joined the… Read More
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Categories: Articles, CEQA

California Court Affirms Limited Scope of CEQA Review Where a Prior Negative Declaration Exists

Abatti v. Imperial Irrigation District In Abatti v. Imperial Irrigation District, the Fourth Appellate District has affirmed CEQA Guidelines Section 15162 and the longstanding Benton v. Board of Supervisors case, which collectively limit a lead agenc… Read More
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Governor's Office of Planning & Research Releases Updated Draft CEQA Guidelines for SB 226

On May 1, 2012, the Governor’s Office of Planning & Research (“OPR”) released updated draft California Environmental Quality Act (“CEQA”) Guidelines to implement Senate Bill 226 (Simitian). Passed by the Legislature… Read More
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California Court Upholds CEQA Traffic Baseline Composed of Existing and Predicted Conditions

A California appellate court has extended the recent series of decisions providing guidance on the CEQA baseline. The court in Pfeiffer v. City of Sunnyvale City Council (2011) 200 Cal.App.4th 1552 upheld an environmental impact report for a medical… Read More
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Categories: Articles, CEQA

Court Clarifies that CEQA is a One-Way Street: EIRs Need Not Analyze Impact of Global Climate Change on Proposed Projects

The California Environmental Quality Act (“CEQA”), at its essence, requires lead agencies to identify the potential significant impacts a proposed project may have on the environment. A California appellate court in Ballona Wetlands Land… Read More
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Categories: Articles, CEQA