California Environmental Quality Act
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.
First District Upholds CEQA Distinction Between ‘Agreement’ and ‘Project’
Submitted by jstephens on 9 March 2010 - 10:52amIn yet another California Environmental Quality Act case involving whether an agreement between a tribe and a city constitutes a “project,” the First District Court of Appeal has held that the law did not apply to an agreement requiring a city’s formal support of a proposed casino in exchange for the tribe’s funding of undefined city services and improvements.
Legislation Would Prohibit CEQA Lawsuits
Submitted by Paul Shigley on 25 February 2010 - 10:59amCalifornia Environmental Quality Act lawsuits may be the next victims of the state’s ongoing recession. Democratic and Republican lawmakers have introduced legislation that follows up on Gov. Schwarzenegger’s call to exempt 100 projects from judicial challenge based on the environmental law. Citing the ongoing recession, both supporters and opponents of the idea say this just might be the year that lawmakers are willing to take a bold strike at CEQA.
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.
Can't Ignore Old Mitigation Measures, Court Rules
Submitted by Paul Shigley on 25 February 2010 - 10:22amThe shelf life of mitigation measures may readily outlast the lives of the projects to which the mitigations are attached, according to the Court of Appeal for the First Appellate District.
While the fact pattern in the case at hand was specific to timber harvesting and the conversion of property, the court’s holding has application in the broader world of all California Environmental Quality Act (CEQA) reviews.
Low Threshold For 'Fair Argument' Reaffirmed
Submitted by Paul Shigley on 9 February 2010 - 12:13pmA coalition of plastic bag producers avoided, at least for the moment, a major blow to business by using the California Environmental Quality Act (CEQA) to delay implementation of an ordinance banning the distribution of plastic bags in the City of Manhattan Beach.
Healdsburg Developer, Opponents Reach Agreement
Submitted by Paul Shigley on 9 February 2010 - 11:26amOpponents and supporters of a proposed luxury resort and housing development in the City of Healdsburg have signed an agreement outlining what a new environmental impact report should address.
Air District Delays GHG Guidelines
Submitted by Paul Shigley on 26 January 2010 - 2:36pmFor a second time, the Bay Area Air Quality Management District (BAAQMD) has postponed adoption of California Environmental Quality Act (CEQA) thresholds of significance for greenhouse gas emissions. The district board delayed a decision until April in the face of ongoing opposition to the thresholds from local governments and some environmentalists, who argue the standards could have unintended consequences.
Schwarzenegger Operates On CEQA With Scalpel, Not Hatchet
Submitted by Paul Shigley on 11 January 2010 - 2:05pmArnold Schwarzenegger has always been a Republican with a twist. As the governor enters his final year – attempting to deal both with economic woes and an ambitious environmental agenda – it appears that nothing has changed. He is going after the California Environmental Quality Act (CEQA) in his own way. It’s legacy time for the governor. For better or worse, the Schwarzenegger approach to skinning CEQA may be part of his legacy.
No Need To Study Rejected Project, Court Holds
Submitted by Paul Shigley on 11 January 2010 - 12:20pmTo the relief of many public agencies, the state Supreme Court has overturned an appellate court decision that could have increased the number of “projects” subject to the California Environmental Quality Act.
In a 7-0 decision, the California Supreme Court ruled that Sacramento County was not required to complete an environmental review before denying a conditional use permit renewal for a private airport. Project denials are specifically exempted from the California Environmental Quality Act (CEQA), the court ruled.