In City of Vallejo v. City of American Canyon (Case No. C102070), the Third District Court of Appeal affirmed the trial court’s judgment rejecting a neighbor city’s CEQA challenge to the Environmental Impact Report (“EIR”) for the 2.4 million-square-foot Giovannioni Logistics Center project in American Canyon. The court held that the EIR and associated Water
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Court of Appeal Affirms Categorical Exemption for Playground Relocation in Davis, Rejects Unusual Circumstances Argument
In Krovoza v. City of Davis (2025) 117 Cal.App.5th 623, the Third District Court of Appeal affirmed the trial court’s denial of a writ petition challenging the City of Davis’s use of categorical exemptions under the California Environmental Quality Act (CEQA) for the relocation of playground equipment within a city park. The court held that…
Wait, What? Major Changes to CEQA Slip into Law via Deft Maneuvering
Much is discussed every year in the Legislature about how the California Environmental Quality Act (“CEQA”) needs reform. But the calls for change nearly always fail, aside from a few tinkering changes. This year is different. Via some deft political maneuvering to bypass the typical roadblocks to reform, major changes to CEQA have been enacted…
Indispensable Party: First District Rules Petitioner’s Failure to Join Real Party in Interest Necessitates Dismissal of Action
In Citizens for a Better Eureka v. City of Eureka (2025) __ Cal. App. 5th __, the First District Court of Appeal affirmed a judgment dismissing a CEQA action that challenged an approval for the redevelopment of a City of Eureka (City) parking lot into affordable housing (Project). The Court affirmed the dismissal because Petitioner…
Senate Bill 607 and Potential Sweeping Changes to CEQA
This year, over fifty bills were introduced in the Legislature that directly addressed a CEQA issue. Many died in committee, or failed to make it out of their respective houses. The vast majority of those that advanced sought project-specific exemptions. For instance, there were multiple bills to exempt wildfire fuel reduction projects from CEQA review.…
U.S. Supreme Court Limits Use of Environmental Review as a Roadblock
On May 29, 2025, in Seven County Infrastructure Coalition v. Eagle County, Colorado (2025) 605 U.S. ____, the Supreme Court gave instruction that the National Environmental Policy Act (NEPA) “is a procedural cross-check, not a substantive roadblock,” and that NEPA’s goal “is to inform agency decisionmaking, not to paralyze it.”
Specifically, the Court overturned the…
Are Your CEQA Thresholds Supported by Substantial Evidence? Fourth District Rules San Diego County’s Thresholds of Significance Used in Transportation Plan Lack Supporting Substantial Evidence
In Cleveland National Forest Foundation v. County of San Diego (2025) 109 Cal. App.5th 1257, the Fourth District Court of Appeal invalidated two thresholds of significance adopted by the County of San Diego (“County”) that in certain circumstances would have avoided the need for a project proponent to perform an analysis of vehicle miles travelled.…
Sixth District Holds CEQA 30-Day Statute of Limitations Triggered by Local Agency’s Definition of “Final” Approval
In Center for Biological Diversity v. County of San Benito (2024) 104 Cal.App.5th 22, the Court of Appeal held that the statute of limitations for two CEQA challenges did not begin to run until the Board of Supervisors had heard and decided appeals from the Planning Commission. Because the County of San Benito’s local ordinance…
CEQA Causes of Action Based on the Subdivision Map Act May be Subject to the Subdivision Map Act’s Statute of Limitations
On October 21st, the Second District Court of Appeal published a decision in Santa Clarita Organization etc. v. County of Los Angeles (2024) 105 Cal.App.5th 1143 that addresses the question of whether a CEQA challenge to an approval of a vesting tentative tract map for a subdivision is subject to the summons requirement under the Subdivision…
EIR Certification and Categorical Exemption Upheld for Components of Los Angeles Westside Mobility Plan
In Westside Los Angeles Neighbors Network v. City of Los Angeles (2024) 104 Cal.App.5th 223, the Second District held that the City of Los Angeles Planning Commission (“Commission”) was a decision-making body authorized to certify the final EIR for the entirety of the Westside Mobility Plan (“Mobility Plan”). The Court found that this authority…