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 decision issued June 12, 2018, County of Ventura v. City of Moorpark, Case No. B282466, the California Court of Appeal rejected part...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
CEQA Case Report: Understanding the Judicial Landscape for Development -
In an unpublished opinion issued October 22, 2018, Tennis Club Preservation Society v. City of Palm Springs, Case No. E068896, the California Court...more
CEQA Case Report: Understanding the Judicial Landscape for Development -
In a published opinion issued May 1, 2018, Jensen v. City of Santa Rosa, Case. No. SCV255347, the California Court of Appeal affirmed the trial...more
CEQA Case Report: Understanding the Judicial Landscape for Development -
In an unpublished opinion issued May 31, 2018, Save Adelaida v. County of San Luis Obispo, Case No. B279285, the California Court of Appeal...more
CEQA Case Report: Understanding the Judicial Landscape for Development -
In a published opinion issued February 28, 2018, Covina Residents for Responsible Development v. City of Covina, Case No. B279590, the Court of...more
CEQA Case Report: Understanding the Judicial Landscape for Development -
In an unpublished opinion issued January 31, 2018, Citizens for Open & Public Participation v. City of Montebello, Case No. B277060, the California...more
CEQA Case Report: Understanding the Judicial Landscape for Development -
In a partially published opinion issued April 4, 2018, Small Property Owners of San Francisco Institute v. City and County of San Francisco, Case...more
CEQA Case Report: Understanding the Judicial Landscape for Development -
In an unpublished opinion issued May 18, 2018, Responsible Development for Water Tank Hill v. County of San Mateo, Case No. A150883, the California...more
CEQA Case Report: Understanding the Judicial Landscape for Development -
In an unpublished opinion issued February 20, 2018, Advocates for Better Cmty. Dev. v. City of Palm Springs, Case No. E066193, the California Court...more
CEQA Case Report: Understanding the Judicial Landscape for Development
In a partially published opinion issued January 12, 2018, City of Long Beach v. City of Los Angeles, the California Court of Appeal affirmed in part...more
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 June 6, 2016, in Backcountry Against Dumps et al. v. Jewell et al., the US Court of Appeals for the Ninth Circuit affirmed the judgment of the District Court for the Southern District of California upholding federal...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
On February 22, 2016, in a 2-1 decision, the US Court of Appeals for the Sixth Circuit determined it has jurisdiction over the numerous legal challenges to the Clean Water Rule (the Final Rule), thus siding with the position...more
On January 20, 2016, the Governor’s Office of Planning and Research (OPR) released a new draft proposal for implementing Senate Bill 743 (Steinberg 2013) (SB 743), which would require traffic analysis to be based on vehicle...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 October 9, 2015, the US Court of Appeals for the Sixth Circuit stayed the implementation of the Clean Water Rule (the Final Rule) nationwide. The Final Rule defines “waters of the United States” (WOTUS), a threshold term...more
On August 27, 2015, the US District Court for the District of North Dakota issued a preliminary injunction against implementation of the Clean Water Rule (the Final Rule). The Final Rule defines Waters of the United States...more
On May 27, 2015, the United States Court of Appeals for the Ninth Circuit upheld the US Bureau of Land Management’s (BLM) grant of a right-of-way over federal land for a road (the Road Project) for a wind energy project...more