2018 Year in Review: Public agencies prevailed in 65% of CEQA cases analyzed.
Over the course of 2018, Latham & Watkins lawyers reviewed all 57 California Environmental Quality Act (CEQA) cases, both published and...more
The Sierra Club decision affects both the preparation of EIRs and judicial review of agency decisions certifying EIRs.
Key Points:
..An environmental impact report’s (EIR) discussion of potential environmental impacts...more
CEQA Case Report: Understanding the Judicial Landscape for Development -
In a published opinion issued December 24, 2018, Sierra Club v. County of Fresno, Case No. S219783, the California Supreme Court determined that an...more
1/9/2019
/ Abuse of Discretion ,
Air Quality Standards ,
Appeals ,
CA Supreme Court ,
CEQA ,
Construction Industry ,
Construction Project ,
De Novo Standard of Review ,
Environmental Impact Report (EIR) ,
Judicial Review ,
Mitigation ,
Public Agencies ,
Public Health ,
Real Estate Development ,
Standard of Review
Recent decision points to the original intent of the California Public Records Act in the evolving debate over government transparency.
Key Points:
..California Supreme Court rules that emails and text messages sent...more
Recent decision resolves appellate split regarding standard of review for agency decision to prepare supplemental environmental review.
On September 19, the California Supreme Court held that the substantial evidence...more
In an opinion by Justice Kruger, the Supreme Court of California unanimously reversed the Court of Appeal in Friends of the College of San Mateo Gardens v. San Mateo County Community College District, Cal. Supreme Court, Case...more
On May 4, 2016, the California Supreme Court heard oral argument in Friends of the College of San Mateo Gardens v. San Mateo County Community College District (Case No. S214061), which addresses the standard of review that...more
Court endorses significance threshold based on consistency with statewide GHG reduction goals, but nonetheless invalidates State EIR utilizing that threshold.
On Monday November 30, 2015, the California Supreme Court...more
On October 7, 2015, the California Supreme Court heard oral argument in California Building Industry Association v. Bay Area Air Quality Management District (Supreme Court Case No. S213478), a case which calls into question...more
On April 8, 2015, the California Supreme Court heard oral argument in California Building Industry Association v. City of San Jose (Affordable Housing Network of Santa Clara County et al.), S212072, a case with statewide...more