FAIR POLITICAL PRACTICES COMMISSION DETERMINES SB 1439 TO HAVE NO RETROACTIVE APPLICATION

On September 29, 2022 Senate Bill 1439 (Glazer) was signed by the Governor to take effect January 1, 2023. The bill broadens the scope of Section 84308 of the Political Reform Act by prohibiting local elected officials from taking part in licensing,… Read More
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Recent CEQA Decisions Test Concept of “Limited” or “Focused” EIRs

Farmland Protection Alliance v. County of Yolo Save the Field v. Del Mar Union School District Two recent appellate decisions tackle the question of how a CEQA lead agency may construct an EIR following a successful challenge to a prior negative decl… Read More
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State Water Board Exceeded its Authority by Curtailing Diversions by Pre-1914 Water Rights Holders Based on Lack of Water

The Sixth District Court of Appeals recently upheld a trial court judgment finding that the State Water Resources Control Board (“SWRCB”) exceeded its authority in 2015 by ordering “junior” pre-1914 water rights holders to stop diverting wate… Read More
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Scope of CEQA Review Constrained by Prior Judgments

Tiburon Open Space Committee v. County of Marin (2022) 78 Cal.App.5th 700 In a contentious development case, the first appellate district recently held that a lead agency properly limited the scope of its CEQA review to recognize prior judgments whic… Read More
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California Water Board Proposes Massive Civil Penalty For Discharge Of Fire Suppression Water

Administrative Civil Liability Complaint No. R4-2022-0218 In early July 2022, the Los Angeles Regional Water Quality Control Board proposed to levy a historically large civil penalty – more than $15 million – on the owners and operators of a beau… Read More
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City of Fontana Adopts New Industrial Land Use Regulations Following CEQA Litigation by AG

On April 12th, 2022, the City of Fontana passed Ordinance 1891 (“Ordinance”). The Ordinance implemented new-wave environmental justice policies for industrial commerce centers, and although its reach is limited to Fontana alone, its terms give a… Read More
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Ninth Circuit Ruling Exposes Challenges to Permitting Large Waste Rock Storage Areas on Federal Lands

Center for Biological Diversity v. U.S. Fish & Wildlife Service 33 F.4th 1202 (9th Cir. 2022) A recent Ninth Circuit ruling highlights the Mining Law of 1872’s shortcomings to accommodate the extraordinarily large-scale operations that often ch… Read More
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Recirculation Required for New GHG Estimate

We Advocate, etc. v. County of Siskiyou 2022 Cal. App. Unpub. LEXIS 2349 CEQA requires an EIR to be recirculated for public review if “significant new information” is added between the time that a draft EIR is released to the public and the time… Read More
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Announcement of Firm Name Change

It is with great pleasure that we announce some exciting news. Effective December 1, 2021, our firm will be known as Harrison, Temblador, Hungerford & Guernsey, LLP. This change marks the addition of our partner and colleague, Adam Guernsey, as a… Read More
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Categories: Articles

California Court of Appeal Clarifies Five-Acre Project Size Requirement for CEQA’s Infill Exemption for Gas Station Project

In Protect Tustin Ranch v. City of Tustin (G059709), an unpublished opinion, the Fourth District Court of Appeal upheld the use of CEQA’s infill exemption to approve a Conditional Use Permit (“CUP”) for the demolition of a structure and constru… Read More
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