Court Upholds CEQA Baseline that Recognizes Fluctuating Economic Conditions

COURT UPHOLDS CEQA BASELINE THAT RECOGNIZES FLUCTUATING ECONOMIC CONDITIONS North County Advocates v. City of Carlsbad (2015) — Cal.App.4th — In 2010, the California Supreme Court’s opinion in Communities for a Better Environment v. Sou… Read More
Read More
Categories: Articles, CEQA

Appeals Court Halts Implementation of New Clean Water Rule

The United States Court of Appeals for the Sixth Circuit on Friday ordered a nationwide stay on the Army Corps of Engineers (“Corps”) and Environmental Protection Agency’s (“EPA”) new “Clean Water Rule” concernin… Read More
Read More
Categories: Articles, Water

Mark D. Harrison Selected by Sacramento Business Journal for Best of the Bar 2015

Mark Harrison was recently recognized by the Sacramento Business Journal for its “Best of the Bar” feature for 2015. Click here to view a downloadable copy of Mark’s writeup. Read More
Read More
Categories: Articles

Sixth District Addresses Lay Testimony Rule for Noise & Traffic Impacts & Requires an EIR for a Wedding Venue Project

Keep Our Mountains Quiet v. Co. of Santa Clara (236 Cal.App.4th 714) In Keep Our Mountains Quiet v. Co. of Santa Clara, the Sixth District Court of Appeal held that compliance with a noise ordinance does not necessarily bar a “fair argument” of s… Read More
Read More
Categories: Articles, Land Use

1602 Notification Applies to Substantial Diversions of Water That Do Not Alter or Damage Streambeds

Siskiyou County Farm Bureau v. Department of Fish and Wildlife (2015) — Cal.App.4th — The Third District Court of Appeal recently held that the plain meaning of Fish and Game Code section 1602 requires notification to the California Depar… Read More
Read More
Categories: Articles, Water

California Supreme Court Clarifies "Unusual Circumstance" Exception to Categorical Exemptions under CEQA

Berkeley Hillside Preservation v. City of Berkeley 2015 WL 855725 In a widely anticipated decision, the California Supreme Court has overturned the First District Court of Appeals decision in Berkeley Hillside Preservation v. City of Berkeley (2012)… Read More
Read More
Categories: Articles, CEQA, Land Use

2015 California Mining Legislation

The 2015-2016 legislative session is settling in now that the February 27 deadline to introduce new legislation has passed. Three bills propose amendments to the Surface Mining and Reclamation Act (“SMARA”). 1. SB 209. The first, SB 209, is autho… Read More
Read More
Categories: Articles, SMARA

California Appellate Court Holds That Governor is Not a "Public Agency" Under CEQA

California’s Third District Court of Appeal confirmed – perhaps to no-one’s great surprise – that California’s Governor is not a “public agency” whose decisions are subject to CEQA review. Read More
Read More
Categories: Articles, CEQA

CEQA Notice of Determination Omitting Material Change in Project Does Not Trigger Statute of Limitation Period

The Second District Court of Appeal held recently that the County of Ventura abused its discretion when it failed to prepare a supplemental EIR for a project that was built materially different than described in the EIR. This case highlights the pitf… Read More
Read More
Categories: Articles, CEQA

Court Orders 2050 Emissions to be Cut by 80% below 1990 Levels

Cleveland National Forest Foundation v. San Diego Association of Governments (2014) ___ Cal.App.4th ___ In a case of first impression, the Fourth Appellate District has determined that CEQA requires greenhouse gas reduction of eighty percent below 19… Read More
Read More
Categories: Articles, CEQA