California Environmental Quality Act
Use of Formula OK’d for Assessing Habitat Impact
Submitted by jstephens on 30 August 2010 - 8:19pmOverview
A development project in Redding that would destroy critical habitat for endangered species may proceed because the affected habitat constitutes a small percentage of habitat available nationwide, the Ninth U.S. Circuit Court of Appeal has ruled.
The Ninth Circuit’s decision puts a new twist on the debate over what constitutes “adverse modification” to critical habitat by upholding a black and white mathematical percentage formula applied by the U.S. Fish and Wildlife Service (FWS). Using the formula, a FWS biological opinion determine there would not be adverse modification or destruction of critical habitat of three species native to the Central Valley.
Torrey Hills Suit Falls on Procedural Snafus
Submitted by jstephens on 27 August 2010 - 8:14pmWhile land use litigation per se is not overly complex, it contains two procedural rules that occasionally trip up project opponents. A San Diego community group that challenged a condominium project recently tripped on both hurdles.
Cantil-Sakauye Brings Fact-Based, Moderate Approach to CEQA
Submitted by jstephens on 4 August 2010 - 4:58pmAs CP&DR’s Senior Editor Paul Shigley pointed out last week in his blog, retiring Chief Justice Ronald George of the California Supreme Court gained a well-earned reputation as a centrist and a unifier.
Preliminary SD Prison Plans Not a ‘Project’
Submitted by jstephens on 15 July 2010 - 9:51pmAn agreement between the County of San Diego and the state Department of Corrections to site a state prison reentry facility does not require the county to conduct environmental review prior to entering into the agreement because it did not constitute a commitment to a definite course of action, the Fourth District Court of Appeal has ruled. In the agreement, the county identified potential locations for the reentry facility in exchange for preference in the award of state financing for county jails.
Discretion on Aesthetics Not Enough to Trigger CEQA Review
Submitted by jstephens on 8 July 2010 - 9:59pmIn approving a redevelopment project that relies on a 20-year-old environmental impact report, the City of San Diego was not required to conduct supplemental environmental review on the issue of climate change, where the only discretionary action for a project was limited to project aesthetics, the Fourth District Court of Appeal has ruled.
Composting Facility EIR Runs Afoul of CEQA
Submitted by jstephens on 15 June 2010 - 2:32pmThe environmental impact report for a proposed human waste composting facility in San Bernardino County has been rejected by the Fourth District Court of Appeal for failure to examine an alternative facility that would be enclosed rather than open-air, as proposed. In addition, the court ruled the county should have completed a water supply assessment for the project.
Court Rules Against Refinery in First-Ever Greenhouse Gas Decision
Submitted by jstephens on 19 May 2010 - 7:51pmIn the first-ever appellate court decision regarding the California Environmental Quality Act and climate change, the First District Court of Appeal has held that the future development of a plan for greenhouse gas mitigation constituted improperly deferred mitigation. For that reason and others, the court ruled the environmental impact report for an oil refinery project was invalid.
State Supremes to Hear CEQA Case on Plastic Bags
Submitted by jstephens on 16 May 2010 - 10:17amAfter recently clearing its docket of California Environmental Quality Act cases, the state Supreme Court has accepted a new CEQA case for review.
Late Objections Doom Opposition To Lab Expansion
Submitted by jstephens on 27 April 2010 - 7:26pmA state appellate court has upheld the environmental impact report for expansion of the Lawrence Berkeley National Laboratory. It found that project opponents had forfeited most of their claims because they had failed to raise them at the administrative level. The court also ruled that the range of project alternatives that the lab considered, within a carefully articulated range of project objectives, was adequate.
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.