In its terse, no-nonsense opinion in Alliance For the Protection of the Auburn Community v. County of Placer, et al. (2013) 215 Cal.App.4th 25, ordered published on April 2, 2013, the Third District Court of Appeal affirmed a judgment entered after sustaining a demurrer to a CEQA action without leave on statute of limitations grounds
First District Holds CEQA Remedies Provision Allows Park District’s Eminent Domain Action To Proceed Pending Preparation of Project EIR So Long As Property Not Actually Acquired
In Golden Gate Land Holdings LLC v. East Bay Regional Park District (4/12/13 1st Dist., Div. 5) 215 Cal.App.4th 353, the First District Court of Appeal explored the scope and proper application of CEQA’s remedies provision – Public Resources Code § 21168.9 – in the context of an eminent domain action filed before completion of necessary environmental review for the condemning agency’s project. In a partially-published opinion, the Court affirmed a judgment vacating the East Bay Regional Park District’s (“District”) CEQA exemption finding, and ordering it to prepare an EIR for a project to acquire and construct a segment of the Bay Trail on eight acres of shoreline property, while allowing the District’s eminent domain action to proceed.
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Residential Project Exempt From CEQA Review Under Government Code Section 65457 As Consistent With Specific Plan For Which Program EIR Previously Certified; First District Also Holds New GHG Thresholds Do Not Constitute “New Information” Requiring Supplemental EIR For Specific Plan
In a recently published opinion construing Government Code § 65457’s exemption from environmental review for a residential development consistent with a specific plan for which an EIR was previously certified, the First District Court of Appeal affirmed a judgment rejecting a challenge to the City of Dublin’s use of the exemption to approve AvalonBay Communities, Inc.’s (“AvalonBay”) 7.2-acre development within the larger Dublin Transit Village Center. Concerned Dublin Citizens, et al. v. City of Dublin, et al. (2013 1st Dist., Div. 3) 214 Cal.App.4th1301.
Continue Reading Residential Project Exempt From CEQA Review Under Government Code Section 65457 As Consistent With Specific Plan For Which Program EIR Previously Certified; First District Also Holds New GHG Thresholds Do Not Constitute “New Information” Requiring Supplemental EIR For Specific Plan
AB 900 CEQA Reform Law Partially Struck Down
Ruling from the bench at a March 29, 2013 hearing, Alameda County Superior Court Judge Frank Roesch found a key provision of an ambitious CEQA reform law championed by Senator Darrell Steinberg to be unconstitutional. Specifically, Judge Roesch found “the provisions of AB 900 found in Public Resources Code [section] 21185 are so inconsistent with the constitutional mandates of where mandamus cases may be brought that it must be struck down as unconstitutional.” A detailed written statement of decision explaining the judge’s reasoning is expected sometime later this month.
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Spring CEQA Roundup
Spring is here, and it seems the judicial, legislative and executive branches of government have all been busy trying to “clean up” CEQA and related areas of the law in one way or another. Recent items of interest include:
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Second District Rejects CEQA Challenge To EIR for Riverbed Sand And Gravel Mining Project, Upholds Santa Barbara County’s Discretion to Formulate Project-Specific Threshold of Significance, and Finds EIR’s Erroneous “Not Significant” Conclusion Nonprejudicial
The Second District Court of Appeal upheld the County of Santa Barbara’s Final Revised Environmental Impact Report for a 30-year conditional use permit (CUP) for the Diamond Rock mine project. Save Cuyama Valley v. County of Santa Barbara (2013 2nd Dist., Div. 6), 213 Cal.App.4th 1059 (filed 1/10/13, modified 2/8/13). The CUP allowed excavation of 500,000 tons of sand and gravel each year by real party Troesch Materials, Inc. from the often dry bed of the Cuyama River. Save Cuyama Valley lost its writ of mandate challenge to the EIR, and the Court of Appeal affirmed.
Continue Reading Second District Rejects CEQA Challenge To EIR for Riverbed Sand And Gravel Mining Project, Upholds Santa Barbara County’s Discretion to Formulate Project-Specific Threshold of Significance, and Finds EIR’s Erroneous “Not Significant” Conclusion Nonprejudicial
“Bare-Bones” CEQA Reform Bill (SB 731) Introduced By Senator Steinberg; Senator Evans Proposes Legislation to Further Expand CEQA
On February 22, 2013, Senator President Pro Tempore Darrell Steinberg introduced SB 731, a bill the Senator’s website press release described as “outlining the detailed intent that strengthens [CEQA’s] protection of the state’s environment and residents while modernizing the law to help the growth of California’s economy.” Notable features of SB 731 include:
Continue Reading “Bare-Bones” CEQA Reform Bill (SB 731) Introduced By Senator Steinberg; Senator Evans Proposes Legislation to Further Expand CEQA
Supreme Court Will Review CEQA Decision From Fifth District In Wal-Mart Citizen Initiative Case
After receiving three separate petitions for review, including petitions from real parties Wal-Mart Stores, Inc. and the City of Sonora, the California Supreme Court voted unanimously on February 13, 2013 to grant review of the Fifth District’s controversial decision in Tuolomne Jobs & Small Business Alliance v. Superior Court (Wal-Mart Stores), Supreme Court Case No. S207173. The League of California Cities had also requested depublication of the Fifth District’s decision while the petitions for review were pending.
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Perfect Storm for CEQA Reform In 2013? Former Govs Weigh In
Hot on the heels of Governor Jerry Brown’s 2013 State of the State address, which raised the need for CEQA reform (as noted in my immediately-preceding blog post), a trio of former California governors has echoed and amplified Brown’s observations. In an op-ed special to The Sacramento Bee published February 3, 2013, former Governors George Deukmejian, Pete Wilson and Gray Davis – all members of the non-partisan, non-profit Southern California Leadership Council – decried CEQA’s abuses and called for its meaningful reform and modernization, stating: “As three former California governors who often have differing views, on this point we wholeheartedly agree, and join with Gov. Brown in his call to modernize CEQA.”
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CEQA Reform Goal Is Noted In Governor’s State of the State Address
In his 2013 State of the State address delivered on January 24, 2013, Governor Jerry Brown focused on education, health care, jobs, and the interrelated areas of climate change, water, transportation and the high speed rail project. Continuing an express agenda of CEQA reform originating during his time as Oakland’s mayor, the Governor stated the following in his discussion on jobs: “We also need to rethink and streamline our regulatory procedures, particularly the California Environmental Quality Act. Our approach needs to be based on consistent standards that provide greater certainty and cut needless delays.”
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