In a published decision filed August 17, 2021, the Fifth District Court of Appeal affirmed the trial court’s judgment directing issuance of a writ of mandate ordering Inyo County to vacate three resolutions of necessity that authorized its condemnation of three Owens Valley landfill properties, including appurtenant water rights, owned by the Los Angeles Department of Water and Power (LADWP). Los Angeles Dept. of Water & Power v. County of Inyo (2021) 67 Cal.App.5th 1018. The County operates three landfills on the properties pursuant to leases from LADWP. In the published part of the opinion, the Court of Appeal held that CEQA’s issue exhaustion requirement did not apply to LADWP’s challenge to the County’s exemption determinations because the County failed to provide adequate notice of them, thus depriving LADWP of an opportunity to be heard on the issue. As a matter of law, the Court also held the County improperly relied on the existing facilities exemption for the project.
Continue Reading Fifth District Holds Issue Exhaustion Not Required Where Agency Gave No Notice of Intent To Rely On CEQA Exemption Prior to Hearing, And Existing Facilities Categorical Exemption Does Not Apply to Unlined Landfills As A Matter of Law

Arielle Harris
Governor Extends Conditional Suspension of Requirements Related to Posting CEQA Notices with County Clerks
In late September, Governor Newsom signed Executive Order N-80-20 (“EO 80-20”), which, among other things, extends the protections of a handful of previously issued executive orders related to COVID-19. As relevant to CEQA practitioners, EO 80-20 extends the previous suspension of CEQA’s requirements for filing of specified notices with the county clerk and the posting of such notices in the county clerk’s office.
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Continue Reading Governor Extends Conditional Suspension of Requirements Related to Posting CEQA Notices with County Clerks
Miller Starr Regalia Attorneys Speaking at Upcoming CEQA and Land Use Programs in November
During the month of November, Miller Starr Regalia land use attorneys will be providing updates on housing, land use, and CEQA at three upcoming virtual programs.
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Continue Reading Miller Starr Regalia Attorneys Speaking at Upcoming CEQA and Land Use Programs in November