» EIR

CEQA Statute of Limitations Applies Regardless of the Merits of the Underlying Lawsuit

May 2020 On April 2, 2020, the Court of Appeal affirmed that CEQA’s accelerated statute of limitations on court challenges apply, regardless of whether the agency lacked authority to approve the project or make the CEQA determination in the first i… Read More
Read More

Executive Order N-54-20 Suspends Certain CEQA Noticing and Posting Requirements and Tribal Consultation Timeframes

April 2020 On April 22, 2020, Governor Newsom signed Executive Order N-54-20, which modifies the requirements for posting certain notices under the California Environmental Quality Act (CEQA) and lengthens the timeframe for tribal consultation. The E… Read More
Read More

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 Joint… Read More
Read More

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August 2018 A recent unpublished opinion by California’s First Appellate District highlights the risk that CEQA lead agencies face when they approve projects with potential visual or traffic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 Niles… Read More
Read More

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
Read More