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…
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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…
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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…
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May 2020 On April 2, 2020, the Court of Appeal affirmed that CEQA’s accelerated statute of limitations on court challenges apply, regardless of whether the agency lacked authority to approve the project or make the CEQA determination in the first i…
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April 2020 On April 22, 2020, Governor Newsom signed Executive Order N-54-20, which modifies the requirements for posting certain notices under the California Environmental Quality Act (CEQA) and lengthens the timeframe for tribal consultation. The E…
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June 2019 On June 27, 2019, the State Auditor affirmed that the California Department of Fish and Wildlife (“DFW”) “is not fulfilling its responsibilities under the California Environmental Quality Act [(“CEQA”)].” In response to a Joint…
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August 2018 A recent unpublished opinion by California’s First Appellate District highlights the risk that CEQA lead agencies face when they approve projects with potential visual or traffic impacts based on a negative declaration. In Protect Niles…
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Sierra Club v. County of San Benito (2017 Cal. App. LEXIS 1987) In Sierra Club v. County of San Benito, a California court upheld the county’s use of a deed restriction, rather than insisting upon a conservation easement, as a mechanism to ensure t…
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