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Appeals Urban Planning & Development Environmental Litigation

Perkins Coie

VMT Thresholds Must Be Based on Substantial Evidence Specific to Local Conditions

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The County of San Diego’s thresholds for exempting certain projects from vehicle miles traveled (VMT) analysis were not supported by substantial evidence showing they were appropriate specifically for the County. Cleveland...more

Alston & Bird

Land Use Matters | May 2025 | CEQA Appellate Decisions & Other Legal Developments

Alston & Bird on

City of Los Angeles - Expedited and Streamlined Review Process for Community Rebuilding - On March 18, 2025, Mayor Karen Bass issued Revised Emergency Executive Order No. 1 (EO 1) directing the Department of City Planning,...more

Downey Brand LLP

Are Your CEQA Thresholds Supported by Substantial Evidence? Fourth District Rules San Diego County’s Thresholds of Significance...

Downey Brand LLP on

In Cleveland National Forest Foundation v. County of San Diego (2025) 109 Cal. App.5th 1257, the Fourth District Court of Appeal invalidated two thresholds of significance adopted by the County of San Diego (“County”) that in...more

Meyers Nave

Court of Appeal Invalidates County's Vehicle Miles Traveled (VMT) Screening Thresholds for CEQA Review

Meyers Nave on

A California court of appeal has held that a lead agency conducting environmental review, under the California Environmental Quality Act (CEQA), of “vehicle miles traveled” (VMT) impacts may not unquestioningly use thresholds...more

Miller Starr Regalia

Fourth District Invalidates San Diego County’s “Infill” And “Small Project” VMT Screening Thresholds As Lacking Substantial...

Miller Starr Regalia on

In a published opinion filed March 27, 2025, the Fourth District Court of Appeal (Div. 1) reversed the trial court’s judgment denying a writ petition, and held that two screening thresholds of significance for vehicle miles...more

Perkins Coie

Approval of Class 32 Exemption Invalid Without Analysis of Project Consistency with Redevelopment Plan

Perkins Coie on

The Court of Appeal held that before issuing a CEQA Class 32 exemption, the City of Los Angeles was required to assess whether the project was consistent not only with the applicable zoning ordinance but also with the area’s...more

Farella Braun + Martel LLP

The Winding Trail Home: Marin County Secures Key Multi-Use Trail Access Decision

With Marin County’s Mt. Tamalpais often considered the birthplace of mountain biking, it should not be surprising that the County finds itself at the forefront of California’s battle over multi-use trail access and...more

Farrell Fritz, P.C.

When it Comes to SEQRA, Reasonable Agencies Are Allowed to Disagree

Farrell Fritz, P.C. on

In SEQRA litigation, there is an oft-quoted proposition that the Lead Agency may not abdicate or defer its responsibilities under SEQRA to another agency. See Riverkeeper, Inc. v. Planning Bd. of Town of Se., 9 N.Y.3d 219,...more

Perkins Coie

CEQA Year in Review 2019

Perkins Coie on

A Summary of Published Appellate Opinions Under the California Environmental Quality Act - The year 2019 saw several trailblazing opinions, indicating that courts continue to grapple with some of CEQA’s core policies. The...more

Farrell Fritz, P.C.

Court Decision Creates Conflicting Case Law with Respect to When to Challenge a SEQRA Final Determination

Farrell Fritz, P.C. on

The Appellate Division, Second Department, recently issued a decision that appears to be a departure from prior precedent and is certain to create confusion with respect to when to commence an Article 78 claim challenging a...more

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