The City of Santa Clarita (City) certified an EIR and adopted a master plan for a project to expand a hospital and medical office space over a 15-year period. The Petitioner challenged the City’s approvals for two reasons: First, the...
The City of Napa (City) approved revisions to the housing and land use elements in its General Plan. Upon concluding that the added revisions would have no environmental effects not already identified and mitigated in the EIR prepared for its...
Petitioner retained the law firm Shute, Mihaly & Weinberger (Shute) to challenge the City of Newport Beach's (City) plan to a build a highway on its land. The City responded with a motion to disqualify the law firm, arguing that...
In a case involving a mixed-use development project on a university campus, the Fifth District Court of Appeal held the trial court acted in error by failing to issue a writ following the entry of judgment. If a trial court...
The plaintiff challenged the City’s approval and construction of a retail-cinema redevelopment project in the City’s downtown. While the lawsuit was pending before the Superior Court the plaintiff did not seek a temporary injunction or stay and, as a result,...
Duke Energy (now Dynergy) applied to renew its NPDES permit for its Moss Landing Power Plant (MLPP). The Central Coast Regional Water Quality Control Board (Regional Board) issued a revised NPDES permit, determining that the MLPP cooling water intake system...
In Salmon Protection and Watershed Network v. County of Marin (2102) 2012 Cal.App. LEXIS 458, the court considered whether a public agency and a party disputing the adequacy of an EIR could enter into an agreement to toll the statute...
In Jamulians Against the Casino v. Iwasaki (2012) ___ Cal.App.4th ___, petitioner alleged that a settlement agreement entered between Jamul Indian Village and Caltrans constituted a discretionary approval of a CEQA project by Caltrans. The settlement agreement at issue disposed...
In an unpublished decision, Outfitter Properties v. State Water Resources Control Board (2012) 2012 Cal.App.Unpub.LEXIS 1986, the Third Appellate District Court (Court) upheld a trial court’s rejection of petitioner’s consolidated petition for writ of mandate, which sought to put a...
In No Wetlands Landfill Expansion v. County of Marin (2012) 2012 Cal.App.LEXIS 330, the First Appellate District reversed the trial court’s determination that CEQA required the Marin County Board of Supervisors to hear an administrative appeal from the Marin County...
In an unpublished decision, North County Watch v. County of San Luis Obispo (2012) 2012 Cal.App. Unpub. LEXIS 2312, the Second Appellate District upheld the trial court’s determination that a petitioner was barred as a matter of law from prevailing...
In Tomlinson v. County of Alameda (2010) 188 Cal.App.4th 1406, the petitioners challenged the County’s determination that the infill exemption set forth in the CEQA Guidelines (Section 15332) applied to a development project located within the County and not within...