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 case summaries from the RMM blog.
Center for Biological Diversity v. California Department of Fish and Wildlife (2017) __Cal.App.5th__ (Case No. B280815)
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 Wildlife (2017) __Cal.App.5th__ (Case No. B280815). The court concluded that the trial court did not abuse its discretion in decertifying only the affected sections of the EIR, enjoining all project construction, and suspending some (but not all) of the project approvals. This CEQA remedy also provided adequate relief for violations of the Fish and Game Code.
Case Summary: https://www.rmmenvirolaw.com/2017/12/second-district-upholds-limited-writ-in-second-newhall-ranch-appeal/
Monterey Coastkeeper v. Monterey Water Resources Agency (2017) ___ Cal.App.5th ___ (Case No. H042623)
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 violation of section 13260 of the Porter-Cologne Act (failure to file a report of waste discharge), holding that the petitioner had failed to exhaust its administrative remedies.
Cleveland National Forest Foundation v. San Diego Association of Governments (2017) 17 Cal.App.5th 413
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 Court’s decision earlier this year. The court found that the EIR’s analysis of impacts and mitigation measures for air quality and impacts to agricultural land were insufficient and not supported by substantial evidence.
Washoe Meadows Community v. Department of Parks and Recreation (2017) 17 Cal.App.5th 277.
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 and Recreation Commission to set aside project approvals where the draft EIR analyzed five alternative projects in detail, but did not identify one preferred alternative.
Association of Irritated Residents v. Kern County Board of Supervisors (2017) 17 Cal.App.5th 708.
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 for the oil refinery modification project, the mitigation of greenhouse gas (GHG) emissions, and the extent to which federal preemption precludes aspects of CEQA review of project impacts. In reversing the trial court’s judgment denying the petition for writ of mandate, the Court of Appeal upheld the EIR’s treatment of the project baseline and GHG emissions but determined that the county erred in relying on federal preemption to avoid analyzing and mitigating impacts from off-site rail activities.
Kennedy Commission v. City of Huntington Beach (2017) 16 Cal.App.5th 841
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 that the city was a charter city, and thus exempt from the requirement that zoning ordinances and specific plans be consistent with the general plan.
Highway 68 Coalition v. County of Monterey (2017) 14 Cal.App.5th 883
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 for CEQA violations are inapplicable.
Placerville Historic Preservation League v. Judicial Council of California (2017) 16 Cal.App.5th 187
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 of a petition for writ of mandate challenging the Judicial Council of California’s decision to certify a Final EIR and approve the New Placerville Courthouse Project.
Protect Telegraph Hill v. City and County of San Francisco (2017) 16 Cal.App.5th 261
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 finding that a conditional use authorization for the restoration of a small cottage and construction of a three-unit condominium on Telegraph Hill was categorically exempt from CEQA, and found that the city’s conditions of approval relating to construction were not mitigation for pedestrian and traffic impacts.
Pesticide Action Network North America v. California Department of Pesticide Regulation (2017) 16 Cal.App.5th 224
In Pesticide Action Network North America v. California Department of Pesticide Regulation (2017) 16 Cal.App.5th 224 (republished as modified), the First Appellate District reversed the Alameda Superior Court and found that environmental documents prepared by the California Department of Pesticide Regulation, regarding amended labelling for two pesticides, inadequately analyzed potential impacts on honeybees. The court held that the Department was required to analyze the environmental baseline, alternatives, and cumulative impacts in documents promulgated under CEQA’s exemption for certified regulatory programs (CRP).
Case Summary: https://www.rmmenvirolaw.com/2017/10/first-circuit-finds-environmental-review-under-certified-regulatory-program-inadequate/
Respect Life South San Francisco v. City of South San Francisco (2017) 15 Cal.App.5th 449
In Respect Life South San Francisco v. City of South San Francisco (2017) 15 Cal.App.5th 449, the First District Court of Appeal, Division One, upheld the City of South San Francisco’s (City) finding that a conditional use permit for the conversion of an office building into a medical clinic was categorically exempt from CEQA, as well as the City’s implied finding that the unusual circumstances exception did not apply.
Bridges v. Mt. San Jacinto Community College District (2017) 14 Cal.App.5th 104
In Bridges v. Mt. San Jacinto Community College District (2017) 14 Cal.App.5th 104, the Fourth District Court of Appeals held that a land acquisition agreement entered into by the Mt. San Jacinto Community College District to purchase property from the Riverside County Regional Park & Open-Space District for potential future use as the site of new campus did not trigger the duty to prepare an EIR.
Friends of the Eel River v. North Coast Railroad Authority (2017) 3 Cal.5th 677
In Friends of the Eel River v. North Coast Railroad Authority (2017) 3 Cal.5th 677, the California Supreme Court held that the Interstate Commerce Commission Termination Act does not preempt CEQA when a California public agency decides to undertake a new railroad project, even if the state agency later authorizes a private entity to operate the new rail line. The Court therefore concluded that the North Coast Railroad Authority was required to comply with CEQA prior to taking steps to reinitiate rail service on a segment of an interstate rail line that had gone out of operation for many years. The Court declined, however, to enjoin the ongoing operations of the railroad by NWPCo, the private operator. Because these operations had been occurring during the course of the litigation against NCRA, any such injunction would intrude into an area of activity that is preempted by the ICCTA, namely, private railroad operations.
Cleveland National Forest Foundation v. San Diego Association of Governments (2017) 3 Cal. 5th 497
In a 6/1 opinion, the California Supreme Court held that the San Diego Association of Governments (SANDAG) did not abuse its discretion by failing to present a consistency analysis in the EIR for its 2011 regional transportation plan (RTP) comparing anticipated GHG emissions with the long-term reduction goals presented in Executive Order (EO) S-3-05, in Cleveland National Forest Foundation v. San Diego Association of Governments (2017) 3 Cal. 5th 497. The court reasoned that SANDAG had adequately informed the public, using information available at the time, of inconsistencies with overall state climate goals.
Case Summary: https://www.rmmenvirolaw.com/2017/07/3822/
Friends of Outlet Creek v. Mendocino County Air Quality Management District (2017) 11 Cal.App.5th 1235
In Friends of Outlet Creek v. Mendocino County Air Quality Management District (2017) 11 Cal.App.5th 1235, the First District Court of Appeal held that a responsible agency air quality management district may be sued under CEQA, but such suit must be limited to the agency’s specific discretionary action and may not challenge prior lead agency approvals. In addition, the court held that such an action must be brought as an administrative mandamus proceeding under Code of Civil Procedure section 1094.5.
Grist Creek Aggregates, LLC v. The Superior Court of Mendocino County (2017) 12 Cal.App.5th 979
On June 14, 2017, Division One of the First Appellate District published its decision in Grist Creek Aggregates, LLC v. The Superior Court of Mendocino County (2017) 12 Cal.App.5th 979, in which the Court of Appeal held that a county air district board’s tie vote on the petitioner’s administrative appeal of an asphalt production facility’s construction permit, effectively resulted in the appeal’s denial, rendering the denial subject to judicial review.
Kutzke v. City of San Diego (2017) 11 Cal.App.5th 1034
On May 23, 2017, the Fourth District Court of Appeal court ordered published Kutzke v. City of San Diego (2017) 11 Cal.App.5th 1034. In a succinct opinion, the court upheld the city’s decision to deny a mitigated negative declaration (MND), initially approved by the planning commission, regarding an application to subdivide two hillside lots and build three residences.
Case Summary: https://www.rmmenvirolaw.com/2017/06/denial-of-mitigated-negative-declaration-upheld-for-small-san-diego-subdivision/
Sierra Club v. County of Sonoma (2017) 11 Cal.App.5th 11
On April 21, 2017, the First District Court of Appeal in Sierra Club v. County of Sonoma (2017) 11 Cal.App.5th 11, affirmed the trial court and ruled that Sonoma County’s ordinance, issuing an erosion-control permit to establish a vineyard was a ministerial act, not subject to CEQA.
Save our Heritage Organization v. City of San Diego (2017) 11 Cal.App.5th 154
In Save our Heritage Organization v. City of San Diego (2017) 11 Cal.App.5th 154, the Fourth District Court of Appeal upheld a trial court’s denial of a Code of Civil Procedure section 1025.1 attorneys’ fee award to the prevailing real party in interest.
POET, LLC v. State Air Resources Board (2017) 12 Cal.App.5th 52
In POET, LLC v. State Air Resources Board (2017) 12 Cal.App.5th 52 (“POET II”), the Fifth District Court of Appeal held that the California Air Resources Board (CARB) failed to comply with the terms of the writ of mandate issued by the same court in POET, LLC v. State Air Resources Board (2013) 218 Cal.App.4th 681 (“POET I”). The court invalidated the trial court’s discharge of the writ, modified the existing writ, and ordered CARB to correct its defective CEQA Environmental Analysis (EA).
Friends of the College of San Mateo v. San Mateo County Community College (2017) 11 Cal.App.5th 596
On remand from the Supreme Court’s holding in Friends of the College of San Mateo Gardens v. San Mateo County Community College (2016) 1 Cal.5th 926 (San Mateo I ), the First District interpreted the Supreme Court’s direction as requiring the application of the fair argument standard of review to claims challenging an addendum to a negative declaration in Friends of the College of San Mateo Gardens v. San Mateo County Community College District (2017) 11 Cal. App.5th 596.
Case Summary: https://www.rmmenvirolaw.com/category/blog/
The Urban Wildlands Group, Inc. v. City of Los Angeles (2017) 10 Cal.App.5th 993
In The Urban Wildlands Group, Inc. v. City of Los Angeles (2017) 10 Cal.App.5th 993, the Second District Court of Appeal held that the mandatory relief provisions of Code of Civil Procedure section 473, subdivision (b), do not apply where counsel fails to lodge the administrative record in a CEQA proceeding and receives a judgment denying the petition for writ of mandate.
California Chamber of Commerce v. State Air Resources Board (2017) 10 Cal.App.5th 604
In a 2-1 opinion, the Third District Court of Appeal upheld the auction-sale component of the cap-and-trade program created by the State Air Resources Board pursuant to the California Global Warming Solutions Act of 2006 (“AB 32”) in California Chamber of Commerce v. State Air Resources Board (2017) 10 Cal.App.5th 604.
Aptos Council v. County of Santa Cruz (2017) 10 Cal.App.5th 266
In Aptos Council v. County of Santa Cruz (2017) 10 Cal.App.5th 266, the Sixth District held that the County of Santa Cruz did not engage in piecemeal review when it separately adopted three different zoning ordinances. The court also upheld the negative declaration for an ordinance increasing the height and density of hotels.
Banning Ranch Conservancy v. City of Newport Beach (2017) 2 Cal.5th 918
In Banning Ranch Conservancy v. City of Newport Beach (2017) 2 Cal.5th 918, the California Supreme Court held that CEQA requires an EIR for a project located within a coastal zone to identify which areas in a project site might qualify as “environmentally sensitive habitat areas” (ESHA) under the California Coastal Act and account for those areas in its analysis of project alternatives and mitigation measures.
Residents Against Specific Plan 380 v. County of Riverside (2017) 9 Cal.App.5th 941
On March 15, 2017 the Fourth District certified for publication its February 4, 2017 decision in Residents Against Specific Plan 380 v. County of Riverside (2017) 9 Cal.App.5th 941, upholding the EIR for a master- planned community (project). A citizens group challenged the sufficiency of the EIR and the county’s approval process on six grounds. The court found for the county and real party in interest, Hanna Marital Trust (applicant), on every count.
City of San Jose v. Superior Court of Santa Clara County (2017) 2 Cal.5th 608
In City of San Jose v. Superior Court of Santa Clara County (2017) 2 Cal.5th 608, the City of San Jose argued that messages communicated through personal accounts of city employees were not public records subject to disclosure under the California Public Records Act (“CPRA”). The Supreme Court disagreed, holding that a city employee’s emails about public business are not excluded from disclosure simply because they have been sent, received, or stored in a personal email account.
Central Coast Forest Association v. Fish and Game Commission (2017) 2 Cal.5th 594
On February 27, 2017, the California Supreme Court issued its unanimous opinion in Central Coast Forest Association v. Fish and Game Commission (2017) 2 Cal.5th 594, reversing an appellate decision holding that Plaintiff’s petition to delist coho salmon south of San Francisco from the register of endangered species was procedurally improper.