On January 22, the Fourth District of the Court of Appeal released the latest decision in the long-running saga of the China Shipping Terminal (“Project”) at the Port of Los Angeles in Natural Resources Defense Council, et al. v. City of Los Angeles et al. The Court’s main holding was that the Superior Court erred […]
Starting in January 2024, cities, counties, and special districts face new requirements for notifying the public about their project approvals under the California Environmental Quality Act (“CEQA”). Under SB-69, in addition to filing a Notice of Determination (“NOD”) or Notice of Exemption (“NOE”) with the county clerk of each county where the project is located […]
The California Environmental Quality Act (CEQA) was enacted over 50 years ago, and the State is finally requiring lead agencies to catch up with technological advancements. Due to the COVID-19 pandemic, Governor Newsom issued an Executive Order that required public agencies to file CEQA-related reports electronically rather than hard copies, however, the digital process has […]
In Stop Syar Expansion v. County of Napa (2021) 2021 WL 1596347, the First District Court of Appeal, in a partially-published opinion, held administrative exhaustion for the purposes of the California Environmental Quality Act, Public Resources Code section 21000 et seq. (“CEQA”), is only satisfied where the issue is raised with a level of specificity […]
On July 30, 2020, the Fourth District Court of Appeal issued its decision in Golden Door Properties LLC v. Superior Court of San Diego. This case is significant because the Court addresses the requirement of lead agencies (here, the County of San Diego) to include emails about the project in the administrative record, notwithstanding the […]
In Save Berkeley’s Neighborhoods v. Regents of University of California (2020) 2020 WL 3467992, where the First District Court of Appeal held that the discretionary decision to increase student enrollment beyond the level analyzed in a long-range development plan EIR was a “project” requiring further CEQA environmental review. Background In 2005, the University of California […]
In response to the COVID-19 global pandemic and the Governor’s declaration of a statewide emergency, the California Judicial Council adopted Emergency Rules effective April 6, 2020 that, in part, tolled the statutes of limitations for all civil causes of action until 90 days after the Governor lifted the state of emergency. The Governor has yet […]
In Stopthemilleniumhollywood v. City of Los Angeles, (2019) 2019 Cal.App.LEXIS 780, the Second District Court of Appeal held an environmental impact report (“EIR”) prepared pursuant to the California Environmental Quality Act (“CEQA”) was invalid for lack of an “accurate, stable, and finite” project description and no unusual circumstances were present allowing otherwise. Background In 2013, […]
On August 19, 2019, the California Supreme Court issued a decision in Union of Medical Marijuana Patients, Inc. v. City of San Diego holding that while zoning amendments are not, as a matter of law, always a project under the California Environmental Quality Act (“CEQA”), the City of San Diego’s ordinance regulating the siting and […]
The changes to state guidelines for implementing the California Environmental Quality Act (CEQA) are now in effect. The final approved text, final statement of reasons (including comments and responses to comments), and related materials are posted on the Agency’s website at http://resources.ca.gov/ceqa/. The new CEQA Guidelines are consistent with recent court decisions, implement changes required by the Legislature, and reduce […]