In Save Lafayette Trees v. East Bay Regional Park Dist. (June 30, 2021, No. A156150) ___Cal.App.5th___ [2021 Cal. App. LEXIS 545], the First District Court of Appeal upheld the dismissal of petitioners’ CEQA claim as barred by the applicable statutes...
In the unpublished opinion N. Coast Rivers Alliance v. Westlands Water Dist. (June 28, 2021, No. C092233) [2021 Cal. App. Unpub. LEXIS 4220], the Third District Court of Appeal held that a CEQA petitioner had not sufficiently established a nonduplicative,...
In Newtown Preservation Society v. County of El Dorado (2021) 65 Cal.App.5th 771, the Third District Court of Appeal considered whether impacts to wildfire safety and emergency evacuation routes required preparation of an EIR. The partially published opinion, authored by...
Dunning v. Clews (2021) 64 Cal.App.5th 156 involves a malicious prosecution lawsuit, brought by developers who successfully defended against CEQA claims in Clews Land & Livestock, LLC v. City of San Diego (2017) 19 Cal.App.5th 161 (the CEQA litigation). Following...
In California Coastkeeper Alliance v. State Lands Com. (2021) 64 Cal.App.5th 36, the Third District Court of Appeal upheld the trial court’s ruling that a supplemental EIR was adequate, concluding that the certifying responsible agency was not required to prepare...
On May 20, 2021, Governor Newsom signed the Jobs and Economic Improvement Through Environmental Leadership Act of 2021 (SB 7) into law, reviving AB 900’s CEQA streamlining process enacted a decade ago. SB 7 is closely modeled after AB 900,...
In Ruegg & Ellsworth v. City of Berkeley (2021) 63 Cal.App.5th 277 the First District Court of Appeal decided the first published case addressing Senate Bill 35 (SB 35). The 2017 law allows qualifying projects with an affordable housing component...
In Organizacion Comunidad de Alviso v. City of San Jose (2021) 60 Cal.App.5th 783 the Sixth District Court of Appeal held that failure to timely name the correct real party in interest required dismissal despite the City providing Petitioner with...
In Schmid v. City & County of San Francisco (Feb. 1, 2021, No. A158861) ___Cal.App.5th___ [2021 Cal. App. LEXIS 85] the First District Court of Appeal upheld a decision of the Historic Preservation Commission (HPC) and Board of Supervisors of...
In August, the Fourth District Court of Appeal released and published its opinion in Golden Door Properties, LLC v. Superior Court (2020) 53 Cal.App.5th 733, which recognizes that CEQA requires lead agencies to retain certain project-related records. See TLG’s coverage...
Ione Valley Land, Air, & Water Defense Alliance, LLC v. County of Amador (2019) 33 Cal.App.5th 165 In 2012, the County of Amador (County) certified a final EIR and approved the Newman Ridge Project, a quarry and related facilities near Ione...
Lake Norconian Club Foundation v. Department of Corrections & Rehabilitation, 39 Cal. App. 5th 1044 The California Department of Corrections (Department) operates a prison next to the historic Lake Norconian Club, a former resort and hotel constructed in the 1920’s....