On July 8, 2011, the Third District Court of Appeal in Clover Valley Foundation v. City of Rocklin (2011) __Cal.App.4th__ upheld the ruling of the trial court on a challenge to an EIR for a residential development in favor of the City of Rocklin. This case addresses a number of CEQA claims brought by multiple plaintiffs. In important part, the court held the city was prohibited by state and federal law from revealing detailed information about cultural resources to the public to protect such resources from destruction, despite CEQA’s requirement to disclose information about cultural resources that would be impacted by a proposed project. The court also applied the Supreme Court’s ruling in Vineyard Area Citizens for Responsible Growth v. City of Rancho Cordova (2007) 40 Cal.4th 412 to find the city had appropriately analyzed water supplies for the project in the EIR. The court rejected appellants’ remaining claims related to the sufficiency of the EIR in addressing growth-inducement and impacts to oak trees, the California black rail, aesthetics, and traffic, as well as consistency with the general plan. Continue reading →

On July 8, 2011, the Fourth District Court of Appeal ordered the publication of Citizens for Responsible Equitable Environmental Development v. City of Chula Vista (2011) __Cal.App.4th__. The appellate court reversed in part a judgment denying a petition for writ of mandate that challenged a mitigated negative declaration (MND) adopted by the City of Chula Vista for a new expanded Target store. The Fourth District remanded the matter to the trial court to determine whether the mitigation measures required as a condition for receiving building permits adequately addressed contaminated soils. Continue reading →

On July 18, 2011, California Governor Jerry Brown signed Assembly Bill (AB) 2008, authored by Assemblyman Fuentes (D-Sylmar). The bill affects the expiration dates for tentative maps or vesting tentative maps approved by local agencies under the Subdivision Map Act. The Subdivision Map Act requires an approved tentative map or vesting tentative map to expire 24 months after its approval, or after an additional period of time prescribed by local ordinance, not to exceed 12 months. AB 2008 adds section 66452.23 to the Government Code in order to extend by 24 months the expiration date of any approved tentative map or vesting tentative map that has not expired as of the effective date of the act and will expire prior to January 1, 2014. A similar bill (AB 333) providing a 24-month extension to expiring maps was adopted in 2009. Continue reading →

On July 7, 2011, the Fourth District Court of Appeal ordered the publication of Del Cerro Mobile Estates v. City of Placentia (2011) __Cal.App.4th__. The appellate court held estoppel did not prevent the City of Placentia from raising the California Environmental Quality Act (CEQA) railroad grade separation exemption for the first time after Del Cerro Mobile Estates had already filed an action challenging the City’s certified environmental impact report (EIR) for the project. The court also rejected Del Cerro’s waiver and statutory construction arguments related to the CEQA exemption. Finally, the court found Del Cerro’s challenge to the City’s adoption of resolutions related to the project was unripe. Continue reading →

On July 18, 2011, the Fourth District Court of Appeal in Silverado Modjeska Recreation and Parks District v. County of Orange (2011) ___Cal.App.4th___ found that the doctrine of res judicata barred petitioners from challenging respondent county’s compliance with a prior writ compelling the county to prepare and circulate an supplemental environmental impact report (SEIR) considering the impact of the Silverado Canyon Ranch project on water quality. The court also rejected petitioners’ argument that following circulation of the draft SEIR, the county should have recirculated the SEIR with respect to a recent observation of endangered toad larvae in a creek near the project site. Lastly, the court reversed the trial court’s post-judgment order compelling payment of attorneys’ fees to the project developer, CCRC Farms, LLC, from one of the petitioners because the fee claim was based on the terms of an agreement between the developer and the petitioner and therefore should not have been resolved by way of a motion of attorneys’ fees. Continue reading →

On July 14, 2001, the California Supreme Court today issued its ruling in Save the Plastic Bag Coalition v. City of Manhattan Beach. The court ruled in favor of the City of Manhattan Beach, upholding the City’s decision to ban plastic bags on the basis of a negative declaration. In its opinion, the court dealt with two issues of some consequence for practitioners of the California Environmental Quality Act (CEQA): (1) standing and (2) the fair argument standard. Petitioner, a coalition of plastic bag manufacturers and distributors, claimed standing to maintain a citizen suit under CEQA. On the merits of the case, Petitioner argued that the evidence in the record supported a fair argument that the ban would increase environmental damage, so that an EIR was required. The Supreme Court ruled for Petitioner on the procedural issue and against Petitioner on the merits. Continue reading →

On June 27, 2011, the First District Court of Appeal in Latinos Unidos De Napa v. City of Napa (2011) 196 Cal.App.4th 1154 (Case No. A129584), reversed a judgment dismissing a California Environmental Quality Act (CEQA) challenge on statute of limitations grounds. The court concluded the applicable statute of limitations was 180 days, not 30 days, because the notice of determination (NOD) had not been posted for a full 30 days as required by Public Resources Code section 21152, subdivision (c). Significantly, the court held that Code of Civil Procedure section 12 applies to the calculation of how long an NOD must be posted, and thus the first day on which an NOD is posted does not count as part of the 30-day posting period. Since the county clerk failed to post the notice for the entire 30th day as statutorily required, the 30-day statute of limitations was never triggered and the longer 180-day statute of limitations of Public Resources Code section 21167, subdivision (a), applied. Continue reading →

On June 21, 2011, the Fifth District Court of Appeal published part of its decision in Chawanakee Unified School Dist. v. County of Madera (2011) 196 Cal.App.4th 1016, directing the trial court to grant a petition for writ of mandate that compels Madera County to set aside its approval of a development project, and to revise the project’s EIR with regard to analysis of indirect environmental impacts on the non-school physical environment. The court concluded that Government Code section 65996, subdivision (a), as amended by Senate Bill 50 (SB 50) in 1998, only excuses direct impacts on school facilities and buildings from being considered and mitigated in an EIR. Therefore, a project’s indirect impacts on traffic, air quality, and noise levels related to school attendance or construction of school facilities must be considered and mitigated in an EIR. Continue reading →

On June 10, 2011, the Fourth District Court of Appeal ordered the publication of its decision in Citizens for Responsible Equitable Environmental Development v. City of San Diego (2011) 196 Cal.App.4th 515 (Case No. D057524). The appellate court affirmed the trial court’s judgment denying a petition for writ of mandate to compel the City of San Diego to complete a supplemental environmental impact report (SEIR) instead of an addendum to a previously certified final environmental impact report (FEIR). The court held the petitioner failed to exhaust administrative remedies, where the petitioner submitted thousands of pages of documents during the public comment period without specifying the exact issue of noncompliance with the California Environmental Quality Act. Continue reading →