» CEQA

State Auditor Finds That California Department of Fish & Widlife Failed to Comply With its Obligations Under CEQA

June 2019 On June 27, 2019, the State Auditor affirmed that the California Department of Fish and Wildlife (“DFW”) “is not fulfilling its responsibilities under the California Environmental Quality Act [(“CEQA”)].”  In response to a Join… Read More
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Georgetown Preservation Society v. County of El Dorado - Despite Compliance with Local Design Standards Lay Opinion on Aesthetics Can Support a CEQA "Fair Argument"

A recent opinion by California’s Third Appellate District holds that even if a project conforms to county historic design guidelines, lay opinions relating to the aesthetics may support a fair argument of substantial impacts on the environment. Read More
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Protect Niles v. City of Fremont - Personal Observations May Support a CEQA "Fair Argument"

August 2018 A recent unpublished opinion by California’s First Appellate District highlights the risk that CEQA lead agencies face when they approve projects with potential visual or traffic impacts based on a negative declaration.  In Protect Nil… Read More
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California Natural Resources Agency Releases Additional Proposed Revisions to CEQA Guidelines

July 2018 The California Natural Resources Agency has released another round of proposed revisions to the CEQA Guidelines. The draft changes to the guidelines were originally published in January 2018 and followed by public hearings in March 2018. Th… Read More
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Firm Highlighted as Leader in Cannabis Permitting and Regulatory Compliance

Harrison, Temblador, Hungerford & Johnson LLP has been recognized in a recent article by The Recorder (available here) as a leader in obtaining local cannabis land use entitlements and state licenses.  The firm has applied its land use expertise… Read More
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Court Holds That Stipulated Compliance Orders Do Not Require CEQA Review

Coastal Environmental Rights Foundation v. County of San Diego (2017) Cal. App. Unpub. LEXIS 6988 In an unpublished decision of interest to quarry operators, California’s Fourth Appellate District held that San Diego County did not need to perform… Read More
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Court Upholds Use Of Deed Restrictions As An Enforceable Method of Protecting Mitigation Lands

Sierra Club v. County of San Benito (2017 Cal. App. LEXIS 1987) In Sierra Club v. County of San Benito, a California court upheld the county’s use of a deed restriction, rather than insisting upon a conservation easement, as a mechanism to ensure t… Read More
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Grading Permit Ruled a Ministerial Act Beyond CEQA Although Limited Exercise of Discretion

Sierra Club v. County of Sonoma (2017) Cal. App. LEXIS 375 In Sierra Club v. County of Sonoma, a California court declined consider the issuance of a grading permit to be an act subject to CEQA, despite that the ordinance gave County officials a degr… Read More
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Court Upholds CEQA Baseline Set By Historical Levels Of Refinery Operation

In an unpublished decision, Communities for Better Environment v. South Coast Air Quality Management District, California’s Second Appellate District upheld the decision of an air district to issue a negative declaration for a project that expanded… Read More
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CEQA Industry Update: AB 52

On June 25, 2014, the Senate Committee on Environmental Quality is holding a public hearing on AB 52, legislation that would expand CEQA by, among other things, establishing “tribal cultural resources” as a new category of environmental resources… Read More
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