CEQA Chronicles

YOUR RESOURCE FOR WHAT'S NEW IN CEQA LAW AND LITIGATION

On August 19, 2021, in Save Our Access – San Gabriel Mountains vs. Watershed Conservation Authority, the Second District Court of Appeal, in reversing the lower court’s judgement, upheld an Environmental Impact Report’s (EIR’s) finding of less than significant impact under CEQA for an intentional reduction in parking meant to protect and restore the environment. The court found that

The Ninth Circuit recently issued a decision in Cal. River Watch v. City of Vacaville (Case No. 20-16605) (“Vacaville”) regarding the breadth of Resource Conservation and Recovery Act (“RCRA”) liability for contributing to the transportation of a solid waste, which may present an “imminent and substantial endangerment” to health or the environment. (42 U.S.C. § 6972(a)(1)(B).)  Ultimately, the Ninth Circuit

In August 2021, the First District Court of Appeals issued an opinion in Pacific Merchant Shipping Association v. Newsom, where the court held that Public Resources Code section 21168.6.7 does not impose on the Governor a deadline by which to certify construction of a new baseball park and mixed-use development project at the Howard Terminal site in the City of

On June 30, 2021, in Save Lafayette Trees, et. al v. East Bay Regional Park District (Pacific Gas and Electric Company, Real Party in Interest), the First District Court of Appeal upheld the dismissal of a CEQA claim as time-barred because it found that PG&E, a necessary and indispensable party, was not bound to an agreement to toll the CEQA

In June 2021, the Third District Court of Appeal upheld the County of El Dorado’s (“County”) mitigated negative declaration (“MND”) for a bridge construction project against complaints that the project’s construction would block an evacuation route for residents in the event of a wildfire. In its holding in Newtown Preservation Society v. County of El Dorado, the Court reaffirmed

In Stop Syar Expansion v. County of Napa (2021) 63 Cal.App.5th 444, the First District Court of Appeal upheld Napa County’s Environmental Impact Report (EIR) for the expansion of Syar Industries, Inc.’s aggregate mining operations at a local quarry. Citizen group Stop Syar Expansion (“SSE”) filed a Petition for Writ of Mandate under CEQA claiming that the EIR was deficient

On June 11, 2021, Governor Newsom signed Executive Order N-08-21 (the “Order”) that establishes September 30, 2021, as the end date for COVID-19 pandemic-related suspensions for (1) deadlines for filing, noticing, and posting of CEQA documents with county clerk offices; (2) tribal consultation deadlines under CEQA; and (3) open meeting requirements. This end date for pandemic-related relief from normal CEQA

In an opinion filed on April 19, and certified for publication on May 4, 2021, the Third Appellate District in Alliance for Responsible Planning v. Taylor (County of El Dorado) held that a citizen-sponsored ballot measure requiring new development to fund all cumulative traffic mitigation prior to construction violated the Takings Clause of the Constitution by requiring new development to

On May 20, 2021, California Governor Gavin Newsom signed into law Senate Bill 7, known as the Housing and Jobs Expansion and Extensions Act, which extends expedited California Environmental Quality Act (CEQA) judicial review for small-scale housing developments.  In 2011, Assembly Bill 900, known as the Jobs and Economic Improvement Through Environmental Leadership Act, created an expedited judicial

In Jan Dunning et al. v. Kevin K. Johnson, APLC et al., the Fourth District Court of Appeal held that a developer and property owner could pursue its claims against a neighbor and project opponent for malicious prosecution after the developer successfully defended a meritless CEQA lawsuit against its construction of a private secondary school project.  The Fourth District