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Alleged CEQA Abuse not Actionable under RICO Says Ninth Circuit

In Relevant Grp., LLC v. Nourmand (9th Cir. Sep. 5, 2024, No. 23-55574) 2024 U.S. App. LEXIS 22559, the Ninth Circuit Court of Appeals narrowed the applicability of Racketeer Influenced and Corrupt Organizations Act (“RICO”)...more

Downey Brand Compilation of Published CEQA Cases in 2023

2023 served up roughly the same number of published appellate CEQA cases as 2022 with a defense win percentage of over 80 percent, which has been the case in many, if not all, of the past ten years. A prominent theme of...more

NIMBYism in Newport Beach: Court Upholds Addendum for Apartment Complex Challenged by NIMBY Neighboring Commercial Property Owner

The Fourth District Court of Appeal, in Olen Properties Corp. v. City of Newport Beach (2023) ___Cal.App.5th___, upheld the City of Newport Beach’s approval of a 312-unit apartment complex challenged by a neighboring...more

UC Regents Prevails Against Dueling Challenges to Fuels Management Plan Designed to Reduce Wildfire Risk in the Berkeley Hills

In Claremont Canyon Conservancy v. Regents of the University of California, two organizations, the Claremont Canyon Conservancy and the Hills Conservation Network, filed petitions for writ of mandate challenging the adequacy...more

The Fiscal Responsibility Act’s Modest NEPA Amendments to Streamline Project Review

On June 3, 2023, President Biden signed the Fiscal Responsibility Act of 2023 (“FRA”) into law, extending the U.S. debt limit into 2025. As part of the Congressional deal, FRA also contains amendments to the National...more

Sixth District Upholds City’s Rejection of Proposed Compensatory Mitigation for Demolition of Historic Building

The Sixth Appellate District, on May 10, 2023, published a decision in Preservation Action Council of San Jose v. City of San Jose (2023) __ Cal.App.5th __ upholding the City of San Jose’s certification of a final...more

AB 1000: Legislative Restrictions on New Warehouse Construction Granted Reconsideration in 2024

A proposed bill before the California legislature would impose strict requirements for the construction of logistics facilities and warehouses throughout California. AB 1000, introduced by California Assembly Majority Leader...more

Neighbor vs. Neighbor Dispute Over Home Remodel Leads to Reversal of Anti-SLAPP Motion in Court of Appeal

In Durkin v. City & County of San Francisco (2023) 90 Cal.App.5th 643, the First District Court of Appeal held that the trial court erred in granting the real party in interest’s special motion to strike under anti-SLAPP...more

Oakland and the A’s Prevail on All but One Minor Issue in Ballpark EIR Case; Wind Mitigation Found Inadequate

In E. Oakland Stadium Alliance v. City of Oakland (Mar. 30, 2023, No. A166221) ___Cal.App.5th___ [2023 Cal. App. LEXIS 240], the First District Court of Appeal concluded that the EIR prepared for the proposed Oakland A’s...more

Neighbor’s General Complaints of Environmental Concerns Insufficient to Exhaust Administrative Remedies as to CEQA Exemption...

In Arcadians for Environmental Preservation v. City of Arcadia (Feb. 16, 2023, No. B320586) ___Cal.App.5th___ [2023 Cal. App. LEXIS 103] the Second District Court of Appeal found no error in a trial court ruling that there...more

Court Finds Use of Addendum Improper as Project’s GHG Emissions Likely Outside the Scope of Prior Programmatic EIR and Unusual...

In IBC Business Owners for Sensible Development v. City of Irvine et al. (Feb. 6 2023, Case No. G060850) ___ Cal.App.5th ___, the Fourth District Court of Appeal held that the City of Irvine (“City”) violated CEQA when it...more

Design Changes to State Capitol Renovation Revealed in FEIR Did Not Adequately Allow for Public Input or Informed Decision-Making

In Save Our Capitol! v. Department of General Services (Jan. 18, 2023, C096617, C096637) __Cal.App.5th__, the Third District Court of Appeal held that the Department of General Services violated CEQA when certain design...more

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