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California Environmental Quality Act Environmental Litigation Environmental Impact Report (EIR)

Brownstein Hyatt Farber Schreck

CEQA News You Can Use, August 2025 - Volume 10, Issue 2

Welcome to “CEQA News You Can Use,” a quarterly production of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource for...more

Miller Starr Regalia

“Double Counting” or Redundant Mitigation?  Second District Holds CEQA Guidelines’ Additionality Requirement Precludes Applying...

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In a partially published 102-page opinion filed June 26, 2025, the Second District Court of Appeal (Div. 7) resolved cross-appeals by affirming the trial court’s judgment invalidating Los Angeles County’s 2019 EIR...more

Downey Brand LLP

Sixth District Holds CEQA 30-Day Statute of Limitations Triggered by Local Agency’s Definition of “Final” Approval

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In Center for Biological Diversity v. County of San Benito (2024) 104 Cal.App.5th 22, the Court of Appeal held that the statute of limitations for two CEQA challenges did not begin to run until the Board of Supervisors had...more

Perkins Coie

Amendment of Specific Plan to Include Ban on New Vineyards Did Not Destabilize Project Description Under CEQA

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A change from heavy regulation of vineyards to a complete ban on new vineyards did not so destabilize the original project description as to amount to a prejudicial abuse of discretion and require a new EIR. Gooden v. County...more

Perkins Coie

CEQA Statute of Limitations Not Triggered by Planning Commission NOD While Appeal to Board of Supervisors Was Pending

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A Court of Appeal held that the CEQA statute of limitations period does not begin to run after the filing of an initial notice of determination if the project is appealed. Central for Biological Diversity v. County of San...more

Perkins Coie

EIR for State Water Project Contract Amendments Upheld

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The Third District Court of Appeal upheld the Department of Water Resources’ EIR concerning State Water Project contract amendments against multiple CEQA challenges related to impact analysis, project descriptions, and...more

Meyers Nave

Court of Appeal Confirms (Again) that CEQA Statute of Limitations Runs from the First Project Approval

Meyers Nave on

The Second District Court of Appeal confirmed again that the California Environmental Quality Act (CEQA) favors finality in rejecting a challenge to a subsequent project approval for a 42-single family home project in Los...more

Brownstein Hyatt Farber Schreck

CEQA News You Can Use, December 2023 - Volume 8, Issue 3

Welcome to “CEQA News You Can Use,” a quarterly production of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource to...more

Perkins Coie

EIR for Relicensing of Oroville Dam Adequately Evaluated Environmental Impacts

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An environmental impact report need not discuss impacts that are too speculative in nature for proper evaluation or assess economic costs not linked to a physical change in the environment. County of Butte v. Dept. of Water...more

Sheppard Mullin Richter & Hampton LLP

Commercial Cannabis Permit Program and Overlay District Statutorily Exempt Under CEQA Guideline Section 15183

On June 13, 2023, the Second Appellate District affirmed the City of Pomona’s use of a statutory exemption for its Commercial Cannabis Overlay Permit Program under California Environmental Quality Act (CEQA) Guidelines...more

Meyers Nave

Meyers Nave Secures Victory for City of Oakland as Court of Appeal Upholds EIR for A’s Baseball Stadium Project

Meyers Nave on

In a lengthy published decision, the Court of Appeal upheld the City of Oakland’s environmental impact report (EIR) for the proposed Oakland A’s MLB stadium and mixed use project, rejecting numerous challenges and affirming...more

Perkins Coie

CEQA Year in Review -- 2022

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The courts issued 16 published CEQA decisions in 2022, continuing a trend of fewer published opinions than the pattern established in earlier years. The only California Supreme Court opinion, County of Butte v. Department of...more

Perkins Coie

CEQA Challenges to EIR’s Biological and Emergency Evacuation Analyses Rejected

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Introduction: Defining Interprofessional Consultation In a January 5, 2023, letter to state health officials, the Centers for Medicare & Medicaid Services (“CMS”) clarified a Medicaid and Children’s Health Insurance Program...more

Downey Brand LLP

Third District Invalidates Water Bottling Facility EIR for Overly Narrow Project Objectives and Failure to Recirculate

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On April 20, 2022, the Third District Court of Appeal filed its opinion in We Advocate Through Environmental Review v. County of Siskiyou (2022) 78 Cal.App.5th 683, reversing the trial court’s judgment upholding the County’s...more

Downey Brand LLP

Third Circuit Makes Clear That Lead Agencies and Responsible Agencies Alike Must Make Findings Under CEQA

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On May 11, 2022, the Third District Court of Appeal published its opinion in We Advocate Through Environmental Review v. City of Mount Shasta (2022) 78 Cal.App.5th 629, reversing the decision below and ordering the trial...more

Perkins Coie

County Did Not Violate Its Duties Under CEQA By Approving a Project at the Density Agreed to in a Stipulated Judgment

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The court held that the County of Marin did not abdicate its duties under CEQA when it approved a specific project pursuant to a stipulated judgment. Tiburon Open Space Committee v. County of Marin, 78 Cal. App. 5th 700...more

Perkins Coie

EIR’s Statement of Project Objectives Was Unduly Narrow

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The EIR for a bottling plant in Siskiyou County withstood challenges to the project description and impacts analysis, but the EIR’s stated project objectives were unreasonably narrow and the County should have recirculated...more

Sheppard Mullin Richter & Hampton LLP

Petitioners Failed to Show Subdivision Consistent With a Specific Plan EIR Was Outside the Scope of a Statutory Exemption

In Citizens’ Committee to Complete the Refuge et al. v. City of Newark et al., the First District Court of Appeal (Div. 4) found the California Environmental Quality Act did not require subsequent or supplemental...more

Allen Matkins

State Water Board Registrations of Small Water Diversions Are Ministerial and Exempt from CEQA

Allen Matkins on

The State Water Resources Control Board’s registrations of small water diversions are ministerial projects and hence exempt from CEQA. As such, allegedly erroneous registrations cannot be challenged under CEQA. Mission Peak...more

Perkins Coie

Failure to Timely Name and Serve Real Parties In Interest Does Not Warrant Dismissal Of An Entire CEQA Action if The Unnamed...

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In the first reported interpretation of a 2021 amendment to CEQA’s statute of limitations provisions, the First District Court of Appeal addressed “whether an action against a lead agency must be dismissed–despite being filed...more

Allen Matkins

Court Upholds Infill Development Categorical Exemption for Gas Station in Existing Shopping Center

Allen Matkins on

In Protect Tustin Ranch v. City of Tustin, 70 Cal. App. 5th 951 (2021), the court of appeal upheld a city’s reliance on the infill development categorical exemption under CEQA for a new gas station in an existing shopping...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

Miller Starr Regalia

Fifth District Holds EIR For Kern County’s Ministerial Oil and Gas Well Permitting Ordinance Violates CEQA Due To Improperly...

Miller Starr Regalia on

In a partially-published, 150-page slip opinion resolving appeals in consolidated cases, and filed February 25, 2020, the Fifth District Court of Appeal affirmed in part and reversed in part a trial court decision finding...more

Perkins Coie

CEQA Year in Review 2019

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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

Perkins Coie

Court Upholds San Diego Convention Center Expansion

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A court of appeal has rejected Coastal Act and CEQA challenges to the Coastal Commission’s approval of expansions at the San Diego Convention Center. San Diego Navy Broadway Complex Coalition v. California Coastal Commission,...more

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