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CEQA Developments Blog

Articles: 1-10 of 288

Recap of 2023 CEQA Amendments Now In Effect

USA - February 1 2023 The 2021-2022 Legislative Session was light on CEQA amendments, and once again did not produce any significant reform. We saw a continued focus on…

Supreme Court Extends Time To Decide Petitions For Review In Brown Act/CEQA Exemption Case; Sonoma County Files Depublication Request And Cal Cities Files Amicus Letter Urging Review

USA - January 30 2023 On January 25, 2023, the California Supreme Court extended to March 3, 2023 its time to grant or deny review of the Second District Court of Appeal’s…

Third District Adds Brief CEQA Severance Analysis After Rehearing In Save Our Capitol! Case, Limits Its Relief To Allow Capitol Annex Demolition To Go Forward

USA - January 23 2023 In an opinion on rehearing filed January 18, 2023, the Third District Court of Appeal reissued its previous published opinion in the Save Our Capitol…

Fatal “Exhaustion”: Fifth District Holds CEQA’s Statute of Limitations Ran Out On Plaintiff’s Claim While Plaintiff Thought It Was Still In Process Of Exhausting Administrative Remedies

USA - January 10 2023 As all CEQA practitioners know, a prospective petitioner in a writ proceeding challenging a CEQA determination must first exhaust available…

When CEQA Litigation Turns Tortious: First District Affirms Order Denying Anti-SLAPP Motion, Allows Malicious Prosecution Action To Proceed Against Counsel Who Brought Unsuccessful CEQA Challenge To Single-Home Project

USA - January 3 2023 While CEQA is a complicated area of law, often criticized as a “Plaintiff’s sandbox,” CEQA litigation is not a “free-for-all” immune from malicious…

A “Capitol” Offense: Third District Holds State Capitol Building Annex/Visitor Center Project EIR Violated CEQA Due To Inadequate Project Description And Analyses Of Historical Cultural Impacts, Aesthetics, And Project Alternatives

USA - January 2 2023 In a published opinion filed December 6, 2022, the Third District Court of Appeal reversed in part and affirmed in part the trial court’s judgment…

First District Rejects CEQA Challenges To EIR For Petaluma River Apartment Project, Upholds Special Status Species Baseline And Public Safety/Emergency Access Impacts Analyses As Supported By Substantial Evidence

USA - December 19 2022 In an opinion filed on November 14, and later certified for publication on December 13, 2022, the First District Court of Appeal (Div. 3) affirmed a…

Petitions for Review Filed In Brown Act/CEQA Exemption Case

USA - December 7 2022 On December 5, 2022, the real party in interest (Arakelian Enterprises, Inc. dba Athens Services) and respondent City of Thousand Oaks both filed…

“Yes, San Francisco, There Is A CEQA”: First District Reverses Judgment Upholding City’s Categorical Exemption Determinations For Project To Add Four 90-Foot Tall Light Standards To High School Stadium In Residential Neighborhood

USA - December 7 2022 “Yes, Virginia, there is a Santa Claus.” - Editorial by Francis Pharcellus Church first appearing in New York newspaper The Sun on September 21, 1897…

Second District Denies Rehearing and Modifies Opinion In Brown Act/CEQA Exemption Case; CSAC and Solano County Seek Depublication In Supreme Court

USA - December 5 2022 The Second District Court of Appeal (Div. 6) has issued a November 22, 2022 Order modifying its opinion and denying rehearing in G.I. Industries v…