The California Supreme Court held that under newly enacted Assembly Bill 1307, the environmental impact report prepared for UC Berkeley housing and longer-term development was not inadequate for failing to consider social noise and alternative sites. Make UC a Good Neighbor v. The Regents of the University of California, 16 Cal.5th 43 (2024).
In 2021…
The Third District Court of Appeal upheld the Department of Water Resources’ EIR concerning State Water Project contract amendments against multiple CEQA challenges related to impact analysis, project descriptions, and alternative options. Planning and Conservation League v. Dept. of Water Resources, 98 Cal. App. 5th 726 (2024).
The California Aqueduct flows in Palmdale, California, near…
Project opponents were unable to state a claim against the Regents of the University of California based on allegations that a new hospital at the University of California, San Francisco campus would violate local land use regulations. The Regents of the University of California v. Superior Court (Parnassus Neighborhood Coalition), No. A169318 (1st Dist., June…
An appellate court interpreted a writ that ordered an agency to vacate certification of an EIR in part and file a final return to the writ “upon certification of a revised EIR” to require an assessment of the adequacy of the revised EIR before the writ could be discharged. Save the Capitol, Save the Trees…
In a dispute over a traffic impact fee imposed on a residential building permit by El Dorado County, the U.S. Supreme Court unanimously rejected the long-standing position of California and other state courts that the Takings Clause of the U.S. Constitution applies differently when permit conditions are imposed legislatively rather than administratively. Sheetz v. County…
The court of appeal held that a City Council resolution approving a development agreement that included policy decisions regarding development of a public park was a legislative act subject to referendum. Move Eden Housing v. City of Livermore, 100 Cal. App. 5th 263 (2024).
In 2018, the City of Livermore and Eden Housing entered into…
Petitioner’s challenge to a Specific Plan, which was filed before that plan was adopted, was barred as premature, and its belated attempt to amend its petition after the Specific Plan had been adopted was barred by the statute of limitations. Fix the City, Inc. v. City of Los Angeles 100 Cal. App. 5th 363 (2024).…
After deciding in a prior appeal in the same case that offsite agricultural conservation easements (ACEs) were not effective at reducing a project’s conversion of agricultural land, the Fifth Appellate District held that ACEs can mitigate such impacts. V Lions Farming, LLC v. County of Kern, Nos. F084763, F085102, F085220 (5th Dist., March 7, 2024).…
The completion of a shooting range redevelopment project did not moot CEQA claims regarding the project even though the plaintiff had not sought an injunction against development or operation of the project. Moreover, the County’s decision not to exercise jurisdiction, as opposed to its mere inaction, could support a viable CEQA claim. Vichy Springs Resort…
The County of San Diego planning staff found a project qualified for a CEQA exemption under Guideline 15183, which applies to projects consistent with a general plan for which an EIR had been prepared. On appeal, the Board of Supervisors reversed staff’s decision, finding an EIR was required due to environmental impacts peculiar to the…
