First District Upholds Categorical Exemption for Planned Parenthood Clinic and Implied Finding of No Unusual Circumstances Under the “Fair Argument” Test

In Respect Life South San Francisco v. City of South San Francisco (2017) 15 Cal.App.5th 449, the First District Court of Appeal, Division One, upheld the City of South San Francisco’s (City) finding that a …

Streamlined Yet Underutilized: CEQA’s Class 32 Urban Infill Exemption

Streamlining—the promotion of organizational and systemic efficiency through the simplification of process—has been steadily incorporated into CEQA for years, largely through exemptions. The notion being: why not shorten the lengthy CEQA review where prior planning …

Fourth District Holds that Land Acquisition Agreement Did Not Trigger Duty to Prepare an EIR

In Bridges v. Mt. San Jacinto Community College District (2017) 14 Cal.App.5th 104, the Fourth District Court of Appeals held that a land acquisition agreement entered into by the Mt. San Jacinto Community College District …

California Supreme Court Holds that State Agency Compliance with CEQA is Not Preempted By the ICCTA

In Friends of the Eel River v. North Coast Railroad Authority (2017) 3 Cal.5th 677, the California Supreme Court held that the Interstate Commerce Commission Termination Act (ICCTA) does not preempt CEQA when a California public …

California Supreme Court Upholds GHG Analysis in SANDAG’s Regional Transportation Plan EIR

In a 6/1 opinion, the California Supreme Court held that the San Diego Association of Governments (SANDAG) did not abuse its discretion by failing to present a consistency analysis in the EIR for its 2011 …

First District Reversal Allows for Challenge to Local Air District’s Limited Discretionary Approval Under CEQA

In Friends of Outlet Creek v. Mendocino County Air Quality Management District (2017) 11 Cal.App.5th 1235, the First District Court of Appeal held that a responsible agency air quality management district may be sued under …

Air District Board’s Tie Vote on Authority to Construct Permit Is Effectively a Decision Not to Revoke It, Which Is Reviewable for Prejudicial Abuse of Discretion

On June 14, 2017, Division One of the First Appellate District published its decision in Grist Creek Aggregates, LLC v. The Superior Court of Mendocino County (2017) 12 Cal.App.5th­­­ 979, in which the Court of …

City’s Decision to Deny Mitigated Negative Declaration Upheld For Small San Diego Subdivision

On May 23, 2017, the Fourth District Court of Appeal court ordered published Kutzke v. City of San Diego (2017) 11 Cal.App.5th 1034. In a succinct opinion, the court upheld the city’s decision to deny a …

Use It or Lose It? CEQA’s Bicycle Transportation Exemptions and Legislative Efforts to Preserve Them

CEQA and the Guidelines’ statutory and categorical exemptions streamline the environmental review process, and can play a key role in project planning and development. The philosophical underpinning of many exemptions is that the environmental impacts for …

First District Applies Fair Argument Standard of Review to Addendum to Negative Declaration on Remand from Supreme Court in Friends of the College of San Mateo Gardens

On remand from the Supreme Court’s holding in Friends of the College of San Mateo Gardens v. San Mateo County Community College (2016) 1 Cal.5th 926 (San Mateo I ), the First District interpreted the …

First District Rules That Issuing Erosion-Control Permit Under Sonoma County Ordinance Was Ministerial Act Exempt From CEQA

On April 21, 2017, the First District Court of Appeal in Sierra Club v. County of Sonoma (2017) 11 Cal.App.5th 11, affirmed the trial court and ruled that Sonoma County’s ordinance, issuing an erosion-control permit to …

Despite Being a “Successful Party,” Real Party in Interest Denied Attorneys’ Fee Award by Fourth District

In Save our Heritage Organization v. City of San Diego (2017) 11 Cal.App.5th 154, the Fourth District Court of Appeal upheld a trial court’s denial of a Code of Civil Procedure section 1025.1 attorneys’ fee …

Fifth District Rules CARB Acted in Bad Faith in Selecting Baseline for Analysis of Low Carbon Fuel Standards Regulations

In POET, LLC v. State Air Resources Board (2017) 12 Cal.App.5th 52 (“POET II”), the Fifth District Court of Appeal held that the California Air Resources Board (CARB) failed to comply with the terms of …

Second District Holds that Failure to Lodge Administrative Record Barred Post-Trial Relief

In The Urban Wildlands Group, Inc. v. City of Los Angeles (2017) 10 Cal.App.5th 993, the Second District Court of Appeal held that the mandatory relief provisions of Code of Civil Procedure section 473, subdivision …