July 2011

The Court of Appeal for the Fourth Appellate District found substantial evidence of a fair argument that a Target development project would have a significant environmental impact by disturbing contaminated soil, but rejected challenges based on air pollution and greenhouse gas impacts.
Continue Reading Implicit Approval of Using AB 32 Reduction Goals to Establish GHG Thresholds

By Katherine J. Hart

In the recent opinion of CREED v. City of San Diego (2011 Cal. App. LEXIS 720, Court of Appeal, Fourth Appellate District) petitioners are cautioned not to rely on massive, unorganized, last minute submittals of documents and data without clarifying and outlining their specific concerns in order to provide an agency with an opportunity to respond. The court of appeal also held that water supply assessments (WSAs) can be approved by a CEQA lead agency that also serves as the water supplier for the project area by including the WSA analysis in the environmental document and certifying that environmental document (e.g., no separate WSA approval is necessary).
Continue Reading Petitioners Be Forewarned: Massive Document “Dumps” May Not Suffice To Exhaust Administrative Remedies; Water Supply Assessments May Be Approved Via Certification Of An EIR.

By Leslie Walker

On July 13, 2011, Governor Brown signed Assembly Bill 208, granting a two-year extension to certain tentative maps. To qualify, the maps must have been approved and not yet expired as of July 15, 2011 and must expire before January 1, 2014. The terms of the extension are similar to last year’s bill (Assembly Bill 333, see How Many Lawyers Does it Take to Extend a Tentative Map?) Assembly Bill 208 extensions are in addition to extensions provided for in the following Government Code sections:
Continue Reading Tentative Maps Receive Third Extension

The Supreme Court reviewed a decision by the Court of Appeal for the Second District granting an industry association’s petition for writ of mandate challenging the city of Manhattan Beach’s ban on point-of-sale plastic bag use. In so doing, the Supreme Court (“Court”) overturned the rule that corporations must make a heightened showing to demonstrate public interest standing, urged the use of common sense at all stages in the CEQA process, and held that an EIR was not required to adopt a plastic bag ordinance.
Continue Reading California Supreme Court Rejects Need for EIR and Supports Use of Common Sense

Please join William W. Abbott and Steven Rudolph on August 18, 2011 from 9:00 AM to 4:30 PM for an in depth look at the art of crafting development agreements in their UC Davis Extension course, Vested Rights, Vesting Maps and Development Agreements.
Continue Reading Vested Rights Class at UC Davis Extension August 18, 2011

By Cori M. Badgley

The court in Chawanakee Unified School District v. County of Madera (2011, No. F059382) ____ Cal.App.4th ____ faced the difficult task of interpreting an amendment to the School Facilities Act and how it interacts with CEQA as an issue of first impression. The specific provision at issue restricts the “methods of considering and mitigating impacts on school facilities” to the fees provided in the School Facilities Act. (Gov. Code, § 65996(a).) The court held that although this provision obviated the need to discuss direct impacts on school facilities in the CEQA document, the provision did not apply to indirect impacts, such as traffic or construction.Continue Reading The Devil is in the Details… At Least When it Comes to Interpreting the School Facilities Act