February 2008

By Cori Badgley

Under the California Environmental Quality Act (“CEQA”), the definition of “environment” includes historical resources. If a project has the potential to affect historical resources, it is subject to environmental review. In Valley Advocates v. City of Fresno (2008) No. F050952, the appellate court held that the inquiry of whether a resource should be listed in the local register cannot be relied upon for purposes of CEQA to determine whether a resource is historic. Additionally, the court held that the fair argument standard does not apply to the question of whether a resource is a discretionary historical resource under CEQA.Continue Reading What You Consider Ancient History Might Require a Fresh Look Under CEQA

By Rob Hofmann

The California Coastal Commission lacks the statutory authority required to declare a property an ‘environmentally sensitive habitat area’ when it hears an appeal from a local government’s grant of a coastal development permit to develop the property. Such action infringes upon powers that the Legislature expressly allocated to local government. Security National Guaranty v. California Coastal Commission (2008) Cal. App. LEXIS 131, January 25, 2008.
Continue Reading Coastal Commission Out of Bounds with ESHA Determination

By Cori M. Badgley

Exhaustion of local remedies is a well-known doctrine among those who have attempted to appeal an administrative decision. The doctrine requires that a petitioner appealing a governmental agency’s determination or order must exhaust all of the remedies available through that agency before appealing to the courts. The Court of Appeal, Fourth Appellate District has now made it easier for petitioners appealing a determination of a regional water quality control board (“regional board”) to exhaust their local remedies. In Schutte & Koerting v. Regional Water Quality Control Board, San Diego Region (2007) Cal.App.LEXIS 2146, the appellate court held that anyone appealing the determination or order of a regional board must only request a hearing before the State Water Resources Control Board (“State Board”) in order to exhaust his or her local remedies.
Continue Reading Petitioners Only Run to State Water Resources Control Board Before Exhaustion Kicks In