CEQA

Subscribe to CEQA via RSS

By William W. Abbott

The Delta, the confluence of the Sacramento and San Joaquin rivers, is ground zero in the debate over California water. CALFED was born as a consortium of 18 federal and state agencies. In 2000, CALFED certified a programmatic EIR/EIS. After appeals, the Supreme Court subsequently granted review and on June 5, 2008, issued an opinion. In re Bay-Delta Programmatic Environmental Impact Report Coordinated Proceedings (June 5, 2008) 2008 Cal. LEXIS 6737. In this opinion, the Supreme Court affirmed the legal adequacy of the programmatic document and also gave guidance on the evaluation of alternatives and the level of detail necessary in programmatic EIRs.
Continue Reading California Supreme Court affirms the legal adequacy of the CALFED EIR; provides guidance on evaluation of alternatives and level of detail for first tier EIRs

By Katherine J. Hart

This case addresses the issue of whether or not the legal effect of a notice of determination (“NOD”) in establishing a 30-day statute of limitations is absolute as to any and all CEQA based claims. In the opinion of the Court of Appeal, 6th appellate district, claims alleging that the agency failed to conduct environmental review but should have are governed by a separate 180-day limitation period.
Continue Reading Notice of Determination’s Thirty-Day Statute of Limitations May Not Apply to All CEQA Claims

By Janell M. Bogue

You wouldn’t think that a simple, wooden fence would create enough controversy to fuel an extensive administrative process, a trial court case, and an appeal to the California Court of Appeal, Second Appellate District. However, in the case of Committee to Save the Hollywoodland Specific Plan and Hollywood Heritage v. City of Los Angeles (2008) 2008 Cal.App.Lexis 501, that is exactly what happened.
Continue Reading Good Fences Make Good Neighbors but Bad Fences Make Appellate Opinions

By William W. Abbott

In the opinion of the California Court of Appeal, Second Appellate District, (California Water Impact Network v. Newhall County Water Dist., (2008) Cal.App.LEXIS 554) a Water Supply Assessment (“WSA”) is like a traffic impact study: by itself it is not subject to legal review except in the context of a lawsuit challenging the CEQA document.
Continue Reading District’s Water Supply Assessment is Not Subject to Third Party Lawsuit Except in a Legal Challenge to the EIR

By Cori Badgley

In CEQA litigation, a petitioner may elect to create the administrative record or request that the respondent local agency assemble the record. When the local agency prepares the record, the petitioner pays for the costs of preparation. Petitioners sometimes elect to prepare the record in an effort to reduce costs.
Continue Reading Be Careful What You Ask For: The Costs Might be More Than You Can Bear

By Leslie Z. Walker

The California Attorney General and the Local Government Commission hosted the first of five statewide workshops, CEQA and Climate Change: Partnering with Local Agencies to Combat Global Warming, on Thursday, March 20, 2008. In his invitation to cities and counties across the state, the Attorney General explained that planning for Climate Change should not await the 2012 implementation of binding Greenhouse Gas (“GHG”) emission limits and emission reduction measures required by AB 32. At the workshop, the Attorney General reiterated his position that CEQA requires GHG analysis.
Continue Reading Attorney General’s Conference on Climate Change: Many Methods, No Answers

By Janell M. Bogue

In the case of Citizens for Responsible and Open Government v. City of Grand Terrace (February 21, 2008) 2008 Cal.App.Lexis 359 the California Court of Appeal, Fourth Appellate District held that a mitigated negative declaration (“MND”) approved for a senior residential project was inadequate under CEQA. In doing so, the court discussed density calculations and the weighing of evidence under the fair argument test.
Continue Reading Court of Appeal Applies Fair Argument Test in Appeal of Senior Housing Project

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 Janell M. Bogue

A recent opinion from the Court of Appeal, Fourth Appellate District, Division Two discusses two important CEQA topics: certainty in project descriptions and an EIR’s discussion of alternatives. Save Round Valley Alliance v. County of Inyo (December 17, 2007) 2007 Cal.App.LEXIS 2045.
Continue Reading Of Granny Flats and Land Swaps: Project Descriptions and Alternatives Analysis Under CEQA