Katherine J. Hart
State Supreme Court Overturns Lower Court's Rejection Of Short Statutes Of Limitations In CEQA Suits
Submitted by jstephens on 10 April 2010 - 9:36amIn supporting the City of Stockton’s refusal to accept a lawsuit filed by a citizens group against a proposed big-box store, the California Supreme Court has, for the second time in two months, made clear that if a public agency provides notice of a California Environmental Quality Act decision, legal challenges to that decision may be barred by the shortest statute of limitations, among several that the CEQA statute provides for, applies to legal challenges regardless of the context of the challenge.
Existing Conditions, Not Permits, Provide Baseline For Air Impacts
Submitted by jstephens on 31 March 2010 - 2:56pmThe California Supreme Court has ruled that a project’s air impacts are to be measured against existing ambient conditions, not against a permitted level of operations for the emitter.
Local CEQA Appeals Not Exempt From Filing Fees
Submitted by jstephens on 9 March 2010 - 4:49pmUpholding a 27-year-old California Supreme Court determination, the Second District Court of Appeal has ruled that local agencies may impose a fee for the filing of an administrative appeal of a California Environmental Quality Act (CEQA) decision.
Cal Supremes Give Plaintiffs 30 Days To Sue
Submitted by Paul Shigley on 25 February 2010 - 10:35amThe filing of a notice of determination triggers a 30-day statute of limitations for all California Environmental Quality Act (CEQA) challenges to any decision announced in the notice, regardless of the nature of the alleged CEQA violation, the state Supreme Court has ruled.
In a decision filed on February 11, 2010, in Committee for Green Foothills v. Santa Clara County Board of Supervisors, the unanimous Supreme Court reversed the Sixth District Court of Appeal, which had ruled that a 180-day statute of limitations applied in the case.
Developers' Challenge To L.A. Design Guidelines Fails
Submitted by Paul Shigley on 26 January 2010 - 3:05pmA state appellate court has upheld the adoption of design guidelines that are intended to implement a City of Los Angeles redevelopment plan.