The California Environmental Quality Act (“CEQA”), includes a number of specific statutory exemptions from the CEQA process. (Pub. Resources Code, § 21000 et seq.) The CEQA Guidelines include a list of project types which do not have a significant environmental impact, and are therefore categorically exempt from review. (Pub. Resources Code § 21084(a); Cal. Code […]
In November 2017, the Governor’s Office of Planning and Research (OPR) presented to the California Natural Resources Agency (CNRA) a package proposing significant changes to the California Environmental Quality Act (CEQA). Incorporating OPR’s suggestions, CNRA published their official proposal to the public to amend the CEQA Guidelines on January 26, 2018, which included only minor […]
The California Environmental Quality Act (CEQA) was enacted in 1970 and has been amended from time to time since then. In November 2017, the Governor’s Office of Planning and Research (OPR) proposed the most significant and sweeping set of changes to CEQA in the past 20 years. These changes must now be considered by the […]
On December 22, 2017, the Second District Court of Appeal in Los Angeles Conservancy v. City of West Hollywood (2017) ____ Cal.Rptr.3d ____, denied a challenge brought under the California Environmental Quality Act (CEQA) stating that “[a]bsolute perfection in the analysis of alternatives is not required.” Background In 2014, the City of West Hollywood prepared […]
The California Environmental Quality Act (CEQA) was enacted 1970, with modest changes since then. However, the Governor’s Office of Planning and Research (OPR) has published its most significant proposed updates to the Guidelines in the past 20 years for administrative review and approval by the Agency of Natural Resources. While not yet law, once approved, […]
In Living Rivers Council v. State Water Resources Control Board (“Living Rivers Council“), a California court of appeal held that evidence of the low likelihood and severity of a potential indirect significant effect was permissible evidence to support a determination that a potential mitigation measure was infeasible under CEQA. Facts In 2004, the State Legislature enacted Water […]
In Rominger v. County of Colusa (2014) (September 9, 2014, C073815) __ Cal.App.4th___, the Court of Appeal reversed the trial court and held that a tentative subdivision map is a project under the California Environmental Quality Act (“CEQA”). In doing so, the Court rejected the County of Colusa’s (“County”) and project applicant’s contention that, in […]
A city’s planning commission certified an Environmental Impact Report (“EIR”) for a city general plan update and recommended the city council approve the update. The certification and approval were not appealed to the planning commission but the city council held a hearing and certified the EIR and adopted the general plan. An organization filed suit […]
After a city approved the expansion of a solid waste facility and a new solid waste transfer station, a community group sued, claiming the siting of the project violated state law by exposing the largely Latino population of the area to a disproportionate amount of pollution. The group also claimed that the project approval violated […]
A county prepared an environmental impact report (“EIR”) and adopted a zoning ordinance allowing the development of small wineries “by right,” without a discretionary permit. A citizens group opposed to the ordinance sued, claiming the EIR was inadequate and the adoption of the ordinance violated the California Environmental Quality Act (“CEQA”). The trial court disagreed, […]