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In a published opinion filed June 9, 2023, the First District Court of Appeal (Div. 3) reversed the trial court’s judgment granting a writ of mandate in consolidated CEQA actions and upheld the adequacy of the UC Regents’ EIR for vegetation removal actions planned to occur within about 800 acres of hilly, forested and fire-prone land on UC Berkeley’s Hill Campus.  The Claremont Canyon Conservancy v. The Regents of the University of California/Hills Conservation Network v. Carol T. Christ (2023) 92 Cal.App.5th 474. Continue Reading Missing the Forest For the Trees: First District Reverses Trial Court, Upholds Project Description And Impact Analysis In Regents’ EIR For Vegetation Removal Projects To Reduce Wildfire Risk At UC Berkeley Hills Campus

In a published opinion filed June 7, 2023, the Fifth District Court of Appeal held the trial court erred in applying California’s interrelated factors test to deny a preliminary injunction in a CEQA case.  The error consisted of failing to consider harm to the public interests in informed decisionmaking and public disclosure as relevant informational harm to be weighed in evaluating the relative balance of harms likely to result from the erroneous granting or denial of the preliminary injunction.  Tulare Lake Canal Company v. Stratford Public Utility District (Sandridge Partners, L.P., et al, Real Parties in Interest) (2023) 92 Cal.App.5th 380. Accordingly, the Court of Appeal reversed the order denying the preliminary injunction and remanded the matter to the trial court for reconsideration, while keeping in effect its writ of supersedeas continuing the trial court’s TRO in full force and effect.Continue Reading Fifth District Holds Harm To Public Interest In Informed Decisionmaking Must Be Considered By Court In Deciding Whether To Grant Preliminary Injunction In CEQA Case

In an opinion filed May 12, and later certified for publication on June 8, 2023, the Second District Court of Appeal (Div. 6) upheld the City of San Buenaventura’s decision to remove a bronze statue of Father Junipero Serra from its location in front of City Hall and relocate it to the San Buenaventura Mission; the Court affirmed the trial court’s judgment denying a writ petition challenging the City’s decision on various grounds, including alleged CEQA violations.  Coalition for Historical Integrity v. City of San Buenaventura (2023) 92 Cal.App.5th 430.Continue Reading Historical Correction? Second District Holds City’s Policy Decision To Remove And Relocate “Offensive” Statue That Was Replica of Earlier Historic Landmark Qualified For CEQA’s Common Sense Exemption Because Substantial Evidence Supported City’s Finding That, Despite Its Earlier Erroneous Listing, Replica Was Never Actually A Historically Significant Resource

In an opinion filed April 18, and belatedly ordered published on May 10, 2023, the Sixth District Court of Appeal upheld the City of San Jose’s (City) certification of a final Supplemental EIR (FSEIR) for development of three high-rise office towers (the “Project”) on an eight-acre downtown site containing several historic structures which the Project required to be demolished. Preservation Action Council of San Jose v. City of San Jose (SJ Cityview, LLC, Real Party in Interest) (2023) 91 Cal.App.5th 517. In affirming the trial court’s judgment denying Preservation Action Council of San Jose’s (Appellant) petition for writ of mandate, the Court rejected Appellant’s arguments that the FSEIR failed to adequately analyze and provide compensatory mitigation for the historic buildings and failed to adequately respond to comments on those issues.Continue Reading Sixth District Holds Downtown San Jose Office Project FSEIR’s Brief Discussion And Rejection of “Compensatory” Mitigation for Historic Buildings Razed By Project Was Informationally Adequate Under CEQA Based On City’s Unchallenged Factual Finding That No Similar Historic Buildings Existed Elsewhere In City’s Downtown

In consolidated litigation challenging on CEQA and Coastal Act grounds the Coastal Commission’s amendment of a coastal development permit (CDP) to (among other new use restrictions) completely phase out off-highway vehicle (OHV) use at the apparently inaptly-named Oceano Dunes State Vehicular Recreation Area (Oceano Dunes), the Second District Court of Appeal (Div. 6) affirmed the trial court’s order denying a motion to intervene filed by a number of interested nonparties (the Northern Chumash Tribal Council, Oceano Beach Community Association, and Center for Biological Diversity, or “Appellants”). Friends of Oceano Dunes, et al. v. California Coastal Commission, et al. (2023) 90 Cal.App.5th 836. In so doing, the Court applied and explained numerous principles governing both motions for intervention as of right and motions for permissive intervention.Continue Reading No Room At the Table:  Second District Upholds Denial of Intervention in CEQA/Coastal Act Litigation Where Nonparties Failed to Make “Compelling Showing of Inadequate Representation”.

On April 7, 2023, the Third District Court of Appeal filed a lengthy published opinion – the latest installment in one of the longer ongoing CEQA battles in recent memory – affirming a judgment finding an EIR for the Federal relicensing of Oroville Dam and related hydropower facilities legally adequate.  County of Butte and County of Plumas, et al v. Dept. of Water Resources  (2023) 90 Cal.App.5th 147.Continue Reading That Dam Case (Again):  Third District Upholds Oroville Hydropower Facilities Relicensing EIR Against Numerous CEQA Challenges

In a 72-page published opinion filed March 30, 2023, the First District Court of Appeal (Div. 4) affirmed in full the trial court’s judgment, which upheld the EIR for the Oakland Waterfront Ballpark District Project (project) with the sole exception of its wind mitigation measure.  East Oakland Stadium Alliance, et al v. City of Oakland, et al (Athletics Investment Group, et al, Real Parties in Interest) (2023) 89 Cal.App.5th 1226.  In doing so, the Court’s lengthy opinion touched on and analyzed numerous interesting and important CEQA topics.Continue Reading First District Affirms Judgment Rejecting All CEQA Challenges To Oakland A’s Ballpark Development EIR Except Improper Deferral of Wind Impacts Mitigation

On March 22, 2023, the California Supreme Court granted the City of San Francisco’s stand-alone depublication request in (and declined to review on its own motion) the First District Court of Appeal’s (Div. 4) decision in Saint Ignatius Neighborhood Association v. City and County of San Francisco.  The depublished opinion reversed a trial court decision that upheld the City’s use of CEQA Guidelines Class 1 (existing facilities) and 3 (small structures) categorical exemptions for a high school athletic stadium project involving the installation of four 90-foot tall light standards to significantly expand nighttime stadium use.  Officially, the Supreme Court’s depublication order is not to be construed as expressing any opinion on the merits, and the Court of Appeal’s decision remains fully binding on the parties but cannot be cited as precedent.  My 12/7/22 post on the case can be found here. Continue Reading CEQA Updates: Supreme Court Depublishes High School Stadium Light Standard Exemption Case; Second District Modifies Pacific Palisades Opinion With No Change In Judgment

In a published opinion filed February 6, 2023, the Fourth District Court of Appeal (Div. 3) affirmed a judgment setting aside an addendum to a 2010 program EIR (PEIR) and accompanying approvals for a 275,000-square foot office complex on a 4.95-acre parcel (the “Gemdale project” or “project”) within the 2,800-acre Irvine Business Complex (IBC).  IBC Business Owners for Sensible Development v. City of Irvine (Gemdale 2400 Barranca Holdings, LLC, Real Party in Interest) (2023) 88 Cal.App.5th 100.  The Court held that the City’s approval of the Addendum was improper because substantial evidence did not support the conclusion that the project’s GHG emissions were within the scope of the PEIR and would have less than significant impacts; further, the project was unusually large and dense due to its utilization of transfers of development rights (TDRs) of over 220,000 square feet – by far the largest ever approved in the IBC’s history – and thus could not qualify for the Class 32 infill exemption due to the unusual circumstances exception.Continue Reading Fourth District Holds Addendum To 2010 Program EIR For Irvine Business Complex Vision Plan Violated CEQA Because Conclusion That Large Infill Project’s GHG Emissions Would Be Less Than Significant Lacked Substantial Evidence And Project Was Not Exempt

On February 15, 2023, the California Supreme Court denied the petitions for review and issued an order decertifying the Second District Court of Appeal’s controversial (and previously published) opinion in G.I. Industries v. City of Thousand Oaks (2022) 84 Cal.App.5th 814, rev. den. and depub’d. 2/15/23 (Supreme Ct. Case No. S277439).  (My prior posts on this decision and its subsequent procedural history can be accessed by clicking on their following dates:  10/31/22; 12/5/22; and 1/30/23.) Continue Reading Supreme Court Denies Review And Depublishes Troublesome Brown Act/CEQA Exemption Decision