CEQA

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By William W. Abbott and Nathan Jones

While green energy is on the rise, there are casualties of even the most well-intentioned projects. In Center for Biological Diversity v. FPL Group, Inc. (2008) 166 Cal.App.4th 1349, the Court of Appeal, First Appellate District upheld the dismissal of a public trust enforcement action against the owners and operators of wind turbines in the Altamont Pass area (the “Operators”). According to the Center for Biological Diversity (“CBD”), the turbines injure and kill raptors and other birds. Ultimately, CBD was successful in clarifying that the birds are a public trust resource of all the people of the state. However, the appellate court held that the proper party to bring an action against is the public agency with permitting authority, rather than the Operators.
Continue Reading Wildlife Protected by the Public Trust Doctrine, but Doctrine Can Only be Enforced Against Public Agencies

By Cori M. Badgley and Diane Kindermann

In Sunset Skyranch Pilots Association v. County of Sacramento (2008) 164 Cal.App.4th 671, the Court of Appeal, Third Appellate District addressed two separate issues: 1) does the State Aeronautics Act (“SAA”) preempt the County’s decision to deny renewal of Sunset Skyranch Pilots Association (“Airport”) conditional use permit (“CUP”), and 2) does the denial of the CUP renewal constitute a “project” under the California Environmental Quality Act (“CEQA”)? The appellate court held that the SAA did not preempt the County’s decision, and denial of the renewal of the CUP did constitute a project under CEQA.
Continue Reading Court Holds that County Has Power to Deny Conditional Use Permit Renewal, but CEQA Applies

By William W. Abbott and Janell M. Bogue

As development continues to occur in areas outside of urbanized areas, developers are encountering more threatened or endangered species issues in their environmental review process under the California Environmental Quality Act (“CEQA”). A fundamental question which must be addressed is whether there are threatened or endangered species present in the project area and whether the project will affect those species.
Continue Reading Analyzing and Mitigating Biological Resources and Endangered Species Impacts Under CEQA: An Update

By Cori M. Badgley

In St. Vincent’s School for Boys v. City of San Rafael (2008) 161 Cal.App.4th 989, the court addressed various issues relating to the City of San Rafael’s (“City”) approval of a new general plan. The court also addressed a claim brought by the City against St. Vincent’s School for Boys (“St. Vincent’s”) regarding obtaining reasonable costs for record preparation.
Continue Reading Unwanted, Now Unplanned: City Says “No” to Annexation and Draws the Line on City Expansion

By Leslie Z. Walker

In Muzzy Ranch Co. v. Solano County Land Use Commission (2008) 164 Cal.App.4th 1, decided on June 19, 2008, the appellate court resolved the issues not addressed the first time it reviewed the case. (Muzzy Ranch Co. v. Solano County Airport Land Use Commission (2005) 125 Cal.App.4th 810, reversed by Muzzy Ranch Co. v. Solano County Airport Land Use Commission, (2007) 41 Cal.4th 372.) In this case, the Court of Appeal for the First Appellate District found that the Travis Airport Land Use Compatibility Plan (“TALUP”) was not inconsistent with the Air Force Installation Compatible Use Zone (“AICUZ”) and that the Solano County Airport Land Use Commission (“Commission”) did not abuse its discretion in adopting the TALUP.
Continue Reading The Rest of Muzzy Ranch: ALUCs Not Required to Adopt AICUZ Standards

By Leslie Z. Walker

On June 26, 2008, the California Air Resources Board released a draft of the scoping plan required under Assembly Bill 32 (Chapter 488, Statutes 2006), the Global Warming Solutions Act of 2006.
Continue Reading Local Government Responsible for 1% of Statewide GHG Emission Reduction According to ARB Draft Plan

By Katherine J. Hart

In Moss v. County of Humboldt, et al (2008) 162 Cal.App.4th 1041, the Court of Appeal (1st Appellate District) held that a project previously studied under CEQA need not undergo supplemental CEQA review upon reapplication of the same project unless new information (supported by substantial evidence in the record) indicates there will be potential environmental impacts.
Continue Reading Re-Approval of Expired Entitlements Can Track Prior CEQA Documentation, Subject to the Substantial Change Doctrine

By Janell M. Bogue

In the case of Ebbetts Pass Forest Watch v. California Department of Forestry and Fire Protection (May 22, 2008) 2008 Cal.Lexis 6207, the California Supreme Court discussed several issues important to those who deal with CEQA. The Court held that the Department of Forestry and Fire Protection (“Department”) properly approved several timber harvest plans (“THPs”) for land located in Tuolumne County. In doing so, the Court examined the requirements for cumulative impacts analysis and the analysis of foreseeable actions.
Continue Reading California Supreme Court Upholds THPs; Discusses Cumulative Impacts and Foreseeable Actions

By Leslie Z. Walker

CEQA practitioners have spent the last year anxiously anticipating the Governor’s Office of Planning and Research (OPR) advice to local agencies on the evaluation of greenhouse gas (GHG) emissions and their effect on climate change in the CEQA process. On June 19, 2008, OPR offered a peek at its perspective by issuing the Technical Advisory CEQA and Climate Change: Addressing Climate Change Through California Environmental Quality Act Review.
Continue Reading OPR on CEQA and Climate Change: Local Agencies Continue to Bear the Heat

By Janell M. Bogue

In the case of Sierra Club v. City of Orange (April 30, 2008) 2008 Cal.App.Lexis 814 (publication status changed from unpublished to published on May 30, 2008), the Court of Appeal, Fourth Appellate District upheld a combined SEIR/EIR for a large mixed use development. In its opinion, the court covered a wide range of CEQA issues, including timely filing of a lawsuit after a notice of determination, the exhaustion doctrine, project baselines, and alternatives.
Continue Reading Appellate Court Reviews CEQA Compliance for Supplemental Environmental Impact Report