Fourth District Finds School District’s Determination that Exemption Applied to School Closures was Not Supported by Substantial Evidence

Save Our Schools v. Barstow Unified School District Board of Education (Sept. 2, 2015) ___ Cal.App.4th ___, Case No. E060759. Barstow Unified School District approved closing two of its elementary schools and transferring those students …

Supreme Court Holds State Agencies Cannot Decline to Make Fair-Share Mitigation Payments Where Legislature Does Not Appropriate Funds for Such Mitigation

On August 3, 2015, the California Supreme Court issued an opinion for City of San Diego v. Board of Trustees of the California State University, Case No. S199557. The Court addressed the following issue: Does …

Fourth District Court of Appeal Denies Motion for Attorneys’ Fees Finding Petitioner Was Not the Catalyst for City’s Revocation of Land Use Entitlements

Coalition for a Sustainable Future in Yucaipa v. City of Yucaipa (July 6, 2015) __ Cal.App.4th __, Case No. E57589. A petitioner group challenged the City of Yucaipa’s certification of an EIR and approval of …

Fourth District Court of Appeal Upholds Supplemental EIR for Jail Facility Upgrade Project

City of Irvine v. County of Orange (July 6, 2015) __ Cal.App.4th __, Case No. G049527 The court upheld a Supplemental EIR prepared by the County of Orange for a jail upgrade project over a …

Fourth District Court of Appeal Holds Removal of Conservation Overlay on Land Is a Project and Is Not Exempt from CEQA

Paulek v. Western Riverside County (June 17, 2015) __ Cal.App.4th __, Case No. E059133 In a decision reversing the trial court, Division Two of the Fourth District held that the removal of a conservation overlay …

Supreme Court Rules in Favor of Inclusionary Housing Zoning

In a loss for the building industry, the California Supreme Court upheld local jurisdictions’ police power to adopt inclusionary housing ordinances, which are laws that encourage or require developers to set aside a certain percentage …

Fourth District Upholds Balboa Park Project Approval, Finds Substantial Evidence Supports Determinations

The court reversed the trial court’s decision in part, agreeing with the City of San Diego that substantial evidence supported the finding that denial of the project would preclude “reasonable beneficial use” of the property. …

In an Unpublished Opinion, Second District Denies Challenges to Temporary Increase in NFL Games at Rose Bowl Stadium

The court held the City of Pasadena properly evaluated the environmental impacts of hosting an NFL team at the Rose Bowl Stadium, resulting in an additional 13 large-scale events (NFL games) per year, for up …

Court Upholds the City of Newport Beach’s EIR and Concludes that the City’s Actions Complied with Its General Plan, Distinguishing and Disagreeing with California Native Plant Society v. City of Rancho Cordova

In Banning Ranch Conservancy v. City of Newport Beach, the Court of Appeal upheld the city’s EIR for the Newport Banning Ranch Project and held that the city complied with its own general plan. In …

State Water Board Votes to Adopt its Emergency Regulations

On April 1, 2015, Governor Brown issued an executive order directing the State Water Resources Control Board to impose restrictions on water suppliers with the ultimate goal of achieving a statewide 25 percent reduction in …

Sixth District Court of Appeal Affirms County Violated CEQA in Adopting Mitigated Negative Declaration

On May 7, 2015, the Sixth District Court of Appeal affirmed the lower court’s holding that the County of Santa Clara violated CEQA in adopting a mitigated negative declaration, instead of requiring an environmental impact …

California Supreme Court Schedules Oral Argument in City of San Diego v. Board of Trustees of the California State University

On May 6, 2015, the Supreme Court scheduled oral argument to be heard at on Tuesday, May 26, 2015 for City of San Diego v. Board of Trustees of California State University, Case No. S199557. …

Governor Brown Orders Aggressive New Target for Greenhouse Gas Emissions

On April 29, 2015, Governor Brown issued Executive Order B-30-15 setting an interim target to cut California’s greenhouse gas emissions to 40 percent below 1990 levels by 2030. According to the Governor’s announcement, California is …

In a Mercifully Brief Opinion, Court Holds that the Regional Water Quality Control Board May Establish Pollution Limits for Water as well as Sediment in Water Bodies in California

The Second District Court of Appeal in Conway v. State Water Resources Control Board rejected claims that the Regional Water Quality Control Board improperly established “total maximum daily loads” or TMDLs. The court also rejected challenges …