OPR Initiates Rulemaking Process for First Comprehensive Update to the CEQA Guidelines in Twenty Years, Affecting Several Areas of Analysis

On November 27, 2017, the Governor’s Office of Planning and Research (OPR) presented the California Natural Resources Agency with proposed amendments to the CEQA Guidelines. As Director Ken Alex noted in his transmittal letter, this …

Salmon Advocates Reel in Victory under CESA in Third District

In Central Coast Forest Association v. Fish and Game Commission ___ Cal.App.5th ___  (Case No. C060569) (Central Coast Association II), on remand from the Supreme Court, the Third District Court of Appeal ruled in favor …

Fourth District Court of Appeal Upholds Reliance on Mitigated Negative Declaration and Approval of Construction of School

The Fourth District Court of Appeal upheld the trial court’s decision denying a challenge to the City of San Diego’s approval of construction of a secondary school and associated adoption of a mitigated negative declaration. …

Second District Finds for Respondents on All Counts, Upholding EIR for “Iconic Gateway” Project in West Hollywood

In Los Angeles Conservancy v. City of West Hollywood (2017) ­___ Cal.App.5th.___, the Second Appellate District upheld the trial court’s denial of a petition for writ of mandate, finding that the EIR’s treatment of alternatives …

2017 CEQA Case Law: The Year in Review

2017 CEQA Case Law: The Year in Review 2017 was a busy year in CEQA jurisprudence, with over two dozen published cases. Below is a list of the most significant, with links to the full …

Second District Upholds Limited Writ in Second Newhall Ranch Appeal

In a partially published decision filed December 4, 2017, the Second District Court of Appeal upheld the lower court’s judgment and order on remand in Center for Biological Diversity v. California Department of Fish and …

On Remand, Fourth District Determines that Case Challenging SANDAG’s RTP Is Not Mooted by Later EIR and Resolves CEQA Issues on the Merits

On November 11, 2017, the Fourth District, Division One in Cleveland National Forest Foundation v. San Diego Association of Governments (2017) 17 Cal.App.5th 413 (Cleveland II), resolved the remaining issues on remand from California Supreme …

Sixth District Court of Appeal Holds Breach of Public Trust Doctrine Claim Not Ripe for Adjudication in the Absence of Petitioner’s Exhaustion of its Administrative Remedies

In Monterey Coastkeeper v. Monterey Water Resources Agency (2017) ___ Cal.App.5th ___ (Case No. H042623), the Sixth District Court of Appeal reversed the trial court’s judgment granting Monterey Coastkeeper’s petition for writ of mandate for …

In a Case of First Impression, First District Court of Appeal Holds That Presentation of Five Alternatives in EIR, Without Designation of One as the ‘Project,’ Does Not Satisfy CEQA’s Requirement for a Stable Project Description

In Washoe Meadows Community v. Department of Parks and Recreation (2017) 17 Cal.App.5th 277, the First District Court of Appeal upheld the trial court’s decision directing the Department of Parks and Recreation and the State Park …

Fifth District Court of Appeal Approves of Oil Refinery EIR’s Use of Cap-and-Trade Program to Mitigate GHG Emissions, But Disapproves of Kern County’s Reliance on Federal Preemption in Failing to Analyze Off-Site Rail Activities

On November 21, 2017, the Fifth District partially published its decision in Association of Irritated Residents v. Kern County Board of Supervisors (2017) 17 Cal.App.5th 708. The published sections covered arguments about the baseline used …

Fourth District Rejects Challenge to the City of Huntington Beach’s Housing Element, Applying Charter City Exemption

On October 31, 2017 in Kennedy Commission v. City of Huntington Beach  (2017) 16 Cal.App.5th 841, the Fourth Appellate District reversed the lower court,  finding for defendants on the first cause of action under state …

Sixth District Court of Appeal Upholds Trial Court’s Use of Interlocutory Remand on Determination Regarding General Plan Consistency

The Sixth District Court of Appeal held in the partially-published opinion, Highway 68 Coalition v. County of Monterey (2017) 14 Cal.App.5th 883, that general plan consistency is not a CEQA issue, and therefore mandate procedures …

First District Court of Appeal Upholds Judicial Council of California’s Determination That Closure of Downtown Placerville Courthouse Would Not Lead to Significant Urban Decay Impacts

On October 16, 2017, the First District Court of Appeal published its decision in Placerville Historic Preservation League v. Judicial Council of California (2017) 16 Cal.App.5th 187, upholding the San Francisco County Superior Court’s denial …

First District Upholds Categorical Exemption with Conditions of Approval and Conditional Use Authorization for Residential Project on Infill Site in Transit Priority Area

In Protect Telegraph Hill v. City and County of San Francisco (2017) 16 Cal.App.5th 261, the First District Court of Appeal, Division Three, upheld the City and County of San Francisco’s (city) finding that a …