In Ctr. for Cmty. Action & Envtl. Justice v. FAA (9th Cir. Nov. 18, 2021, Nos. 20-70272, 20-70464) ___F.3d___ [2021 U.S. App. LEXIS 34541], the 9th Circuit held that the National Environmental Policy Act (NEPA) does not require an agency to...
In South Coast Air Quality Management Dist. v. City of Los Angeles (2021) 71 Cal.App.5th 314, the Second District Court of Appeal upheld a trial court decision denying the International Longshore and Warehouse Union, Locals 13, 63, and 94 (Union) permissive...
Effective January 1, 2022, Assembly Bill 819 (AB 819), signed by Governor Newsom earlier this year, imposes expanded requirements on lead agencies when posting CEQA notices and documents. Under the bill, lead agencies must post the following documents and notices...
In Cal. Renters Legal Advocacy & Educ. Fund v. City of San Mateo (2021) 68 Cal.App.5th 820, the First District considered an appeal from the denial of a petition that alleged the City of San Mateo (City) improperly denied a housing...
In Los Angeles Dept. of Water & Power v. County of Inyo (2021) 67 Cal.App.5th 1018, the Fifth District considered a challenge to a decision by Inyo County (County) to acquire landfill sites owned by the Los Angeles Department of Water...
In Pacific Merchant Shipping Assn. v. Newsom (2021) 67 Cal.App.5th 711, the First District Court of Appeal considered a challenge to the approval of a new baseball stadium in Oakland under special legislation modeled on AB 900. While the special legislation...
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In the unpublished opinion N. Coast Rivers Alliance v. Westlands Water Dist.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,...