How much can one park do? That is the implicit question that environmental advocacy group Santa Monica Baykeeper posed regarding a combination passive recreation area and storm water retention facility planned in the City of Malibu. Sited near the iconic Surfrider Beach, the 15-acre Legacy Park would include a detention basin designed to capture three days' worth of storm water before diverting it to a treatment plant.
A state appellate court has found that a provision of the Palo Alto municipal code requiring a 60-day delay prior to the issuance of a demolition permit did not render the permit approval a discretionary act requiring environmental review. The city properly treated the demolition permit as ministerial and exempt from the California Environmental Quality Act (CEQA), the Sixth District Court of Appeal ruled.
The U.S. Court of Appeals for the Ninth Circuit has upheld the U.S. Fish and Wildlife Service's designation of 858,000 acres in Northern California and Southern Oregon as critical habitat for fifteen endangered or threatened vernal pool species.
The court rejected attacks from the Home Builders Association of Northern California on the procedures used by the Fish and Wildlife Service (USFWS) to designate the critical habitat.
The Department of Water Resources is a "person" for the purposes of the Fish and Game Code and thus is prohibited from killing an endangered or threatened species protected by the California Endangered Species Act, the First District Court of Appeal has ruled.
The First District Court of Appeal determined that the California Environmental Quality Act exemption for infill development applies only to projects within the limits of an incorporated city.
An 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.
In 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.
In 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.
A 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.