Draft CEQA Guidelines Update for Infill Projects

The Natural Resources Agency has forwarded the final proposed Infill Guidelines, Public Resources Code sections 21095.6 and 21094.5.5, to the Office of Administrative Law. The OAL’s deadline to complete review and approval of the new …

California Air Resources Board Conducts Auction for Cap-And-Trade Program

On November 14, 2012, the California Air Resources Board will conduct its first quarterly auction for greenhouse gas allowances under the cap-and-trade program, which is identified in the Assembly Bill 32 Scoping Plan as one …

Fourth District Court of Appeal Holds a City May Adopt Revisions to Its Housing Element That Create Inconsistencies With the General Plan If the City Also Adopts a Timeline for Proposed Changes to the General Plan That Correct Those Inconsistencies

On November 1, 2012, the Fourth District Court of Appeal in Friends of Aviara v. City of Carlsbad (2012) __ Cal.App.4th __ (Case No. D060167), affirmed the trial court’s judgment directing the city to adopt …

First District Court of Appeal Upholds Categorical Exemption Determination for Installation of Telecommunication Equipment on Existing Utility Poles

On July 20, 2012, the First District Court of Appeal—in Robinson v. City & County of San Francisco (2012) 2012 Cal.App.LEXIS 903—affirmed a trial court ruling denying a petition for writ of mandate brought by …

Supreme Court Grants Review in Neighbors for Smart Rail v. Exposition Metro Line Construction Authority

This spring, we blogged on the opinion of the Second Appellate District Court of Appeal in Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (2012) 205 Cal.App.4th 552, which upheld the use of …

Second District Court of Appeal Publishes City Of Maywood v. Los Angeles Unified School District in its Entirety, Including Previously Unpublished Portions of the Decision that Found School’s EIR to Be Inadequate.

On August 14, 2012, the Second District Court of Appeal ordered its entire ruling published in the case of City of Maywood v. Los Angeles Unified School District (2012) __Cal.App.4th__ (Case Nos. B233739, B236408), including …

Fourth District Upholds City’s Project Approvals Despite Numerous Procedural Errors When Plaintiffs Failed to Show That Those Errors Resulted in Prejudice or Substantial Injury

On July 31, 2012, the California Court of Appeal for the Fourth District certified its ruling for partial publication in Rialto Citizens for Responsible Growth v. City of Rialto  (2012) 208 Cal.App.4th 44.   Factual and …

First District Strikes Down Application of Categorical Exemption to Construction of Single-Family Residence After Applying Unusual Circumstances Exception

Berkeley Hillside Preservation et al., v. City of Berkeley et al., (Feb. 15, 2012) __Cal.App.4th__ (Case No. A131254) On February 15, 2012, The First District Court of Appeal ruled the City of Berkeley violated CEQA …

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First District Court of Appeal Finds County’s Failure to Give Air Quality District Notice of Intent to Issue Mitigated Negative Declaration Was Not Prejudicial

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Sixth District Court of Appeal Finds City’s Residential Development Restriction Did Not Violate Developer’s Right to Equal Protection and Was Not “Spot Zoning”

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Fourth District Court of Appeal Finds Adverse Effects of Preexisting Environmental Conditions on Residents of Future Developments Do Not Trigger Requirement to Complete an EIR

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Air Resources Board Releases a Supplement to its 2008 Scoping Plan Functional Equivalent Document, and Plans to Consider Final Approval of the AB 32 Scoping Plan on August 24, 2011

On June 13, 2011, the California Air Resources Board (ARB) released a Supplement to the AB 32 Scoping Plan Functional Equivalent Document (FED). The Supplement includes new emissions projections and other changes, but retains the same objectives, alternatives, and framework for greenhouse gas (GHG) reduction. ARB also announced that it would hold a public hearing on August 24, 2011, to consider whether or not to approve the revised FED and the updated AB 32 Scoping Plan.