News & Analysis as of

California Environmental Quality Act Cal Code of Civil Procedure

Perkins Coie

Petitioners’ Election to Prepare Record Does Not Preclude Recovery of Record Preparation Costs by Prevailing Public Agency

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The Third District Court of Appeal held that it was proper to award respondents costs for the preparation of CEQA administrative record documents as the prevailing party, even though petitioners had elected to prepare the...more

Miller Starr Regalia

Delay Denied: First District Affirms Trial Court’s Denial of Seventh ADA Continuance Request Made In CEQA Case Under California...

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Lawyers, like all humans, experience the full gamut of life’s difficulties.  Sometimes those intrude into the practice of law itself, up to and including CEQA litigation.  On September 26, 2024, the First District Court of...more

Downey Brand LLP

Environmental Real Parties may be entitled to attorney’s fees for helping agency defend against private party attacks on highway...

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In City of San Clemente v. Department of Transportation (2023) 92 Cal.App.5th 1131, the Fourth District Court of Appeal held that a homeowner’s association (Association), who challenged a proposed state highway extension...more

Holland & Knight LLP

California Court of Appeal Affirms Powerful Litigation Tool for Defending Housing

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One of the key problems contributing to California's housing crisis is that it is relatively easy for housing opponents to file litigation challenging housing approvals, and even a completely meritless lawsuit can cause years...more

Downey Brand LLP

Privately Owned Public Utility Not Required to Comply With CEQA in Eminent Domain Action

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In Robinson v. Superior Court (2023) 88 Cal.App.5th 1144, the Fifth District Court of Appeal held that Southern California Edison (SCE), as an investor-owned public utility, was not required to comply with CEQA in an eminent...more

Perkins Coie

Bond Properly Required for Challenge to Affordable Housing

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A local organization appealed the denial of its challenge to the approval of an affordable housing project and disputed the trial court’s order requiring it to post a bond. The Court of Appeal rejected plaintiff’s contentions...more

Downey Brand LLP

Petitioner Required To Post Bond For Costs Incurred As A Result Of Delay In Carrying Out Affordable Housing Project In Livermore

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In Save Livermore Downtown v. City of Livermore (Dec. 28, 2022, Case No. A164987) __ Cal.App.1st __, the First District Court of Appeal held that the City of Livermore (City) did not violate planning and zoning laws when it...more

Downey Brand LLP

First District Affirms Denial of Anti-SLAPP Motion in a Malicious Prosecution Action Filed Against CEQA Petitioner’s Attorney

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In Jenkins et al. v. Brandt-Hawley et al. (1st Dist., Div. 2, 2022) ___ Cal.App.5th ___, the First District Court of Appeal found that CEQA suits can be subject to malicious prosecution actions. The Court of Appeal upheld an...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

Downey Brand LLP

First District Denies Challenge to Napa County Approval of Mining Operations Because Petitioner Failed to Exhaust Administrative...

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In Stop Syar Expansion v. County of Napa (2021) 63 Cal.App.5th 444, the First District Court of Appeal upheld Napa County’s Environmental Impact Report (EIR) for the expansion of Syar Industries, Inc.’s aggregate mining...more

Downey Brand LLP

Properly Posting Notice of Determination Triggers Short CEQA Statute of Limitations Despite Not Providing the Notice to Petitioner...

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Published on February 9, 2021, the Court of Appeal in Organizacion Comunidad de Alviso v. City of San Jose held that the City of San Jose’s (“City’s”) posting of a second, revised Notice of Determination (“NOD”) adequately...more

Miller Starr Regalia

Winners Beware – Fourth District Upholds Trial Court’s Discretion To Drastically Reduce Successful CEQA Plaintiff’s Fees In...

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In an opinion filed March 18 and belatedly ordered published on April 13, 2015, the Fourth District Court of Appeal upheld a trial court’s discretion to award only $19,176 in attorneys’ fees under Code of Civil Procedure §...more

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