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Environmental Impact Report (EIR) Environmental Policies Appeals

Perkins Coie

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

Perkins Coie on

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

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

Sheppard Mullin Richter & Hampton LLP

California Court Holds Proposed Ballot Measure Excluding Community Plan Area from Height Limit Is Not a “Later Activity” For...

In late June, California’s Fourth District Court of Appeal upheld a Superior Court decision in Save Our Access v. City of San Diego, providing clarity for determining when a “later activity” is beyond the scope of an existing...more

Perkins Coie

EIR Recirculation Not Required Where Final Version of Approved Project Was Not Specifically Evaluated in EIR

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The Second District Court of Appeal held that: (1) despite revisions to a mixed-use development project, the project description in the EIR was “accurate, stable, and finite;” (2) an opportunity for public comment on the...more

Stoel Rives - Renewable + Law

Minnesota Court of Appeals Handles Supreme Court Remand by Deferring to MPUC’s Findings on Gas Plant Need

As a follow up to our post here, the Minnesota Court of Appeals issued a decision on August 23 affirming the MPUC’s decisions related to the Nemadji Trail Energy Center natural gas plant (NTEC) that will be constructed in...more

Stoel Rives - Renewable + Law

MEPA Review Not Required as Part of Wisconsin Gas Plant Affiliated-Interest Agreements, Says Minnesota Supreme Court

As a follow up to a previous post the Minnesota Supreme Court issued its decision on April 21, 2021, reversing the Minnesota Court of Appeals and remanding the matter for further review.  In so doing, the Court concluded that...more

Brownstein Hyatt Farber Schreck

CEQA News You Can Use - Vol. 5, Issue 4 - December 2020

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 your...more

Perkins Coie

CEQA Year in Review 2019

Perkins Coie on

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

Stoel Rives - Renewable + Law

Minnesota Court of Appeals Determines MEPA Review Required for Wisconsin Natural Gas Generating Facility

On December 23, 2019, the Minnesota Court of Appeals reversed and remanded a decision by the Minnesota Public Utilities Commission (the “Commission”) approving affiliated-interest agreements permitting Minnesota Power and its...more

Perkins Coie

EIR’s Project Description May Present Alternative Development Options and the Agency May Approve A Variant of an Analyzed...

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An EIR’s project description may identify alternative development schemes proposed for a single project, and the agency may approve a modified version of the project that incorporates elements of one of the alternatives...more

Sheppard Mullin Richter & Hampton LLP

EIR for Downtown San Francisco Mixed-Use Project Upheld Under Supreme Court’s Newly Articulated Standard of Review

The belatedly published South of Market Community Action Network v. City and County of San Francisco (2019) ___ Cal.App.5th ___ (“South of Market”), is the first published decision in which the court applies the principles...more

Perkins Coie

Court of Appeal Denies Project Opponents a Chance to Relitigate CEQA Claims

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The court of appeal held that a challenge to a partially recirculated EIR of the County of Amador was barred by the doctrine of res judicata, which precludes relitigation by the same parties of issues previously adjudicated...more

Perkins Coie

CEQA Year In Review 2018

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A Summary of Published Appellate Opinions Under the California Environmental Quality Act - The California Supreme Court issued its only CEQA opinion of 2018 at the end of the year. In Sierra Club v. County of Fresno, the...more

Latham & Watkins LLP

CEQA Case Report Year in Review 2017: Understanding the Judicial Landscape for Development

Latham & Watkins LLP on

California higher courts rule in favor of public agencies on small majority of environmental impact report cases. Over the course of 2017, Latham lawyers reviewed all 46 California Environmental Quality Act (CEQA) cases,...more

Perkins Coie

CEQA Year In Review 2017

Perkins Coie on

A Summary of Published Appellate Opinions Under the California Environmental Quality Act - In 2017, the California Supreme Court issued two decisions involving highly controversial questions of first impression. In the...more

Perkins Coie

Categorical Exemptions For Telegraph Hill Residential Project Upheld

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In Protect Telegraph Hill v. City and County of San Francisco (2017) 16 Cal.App.5th 261, the First District Court of Appeal rejected a series of CEQA challenges to San Francisco’s approval of a conditional use permit for the...more

Allen Matkins

California Environmental Law & Policy Update - June 2016 #2

Allen Matkins on

Environmental and Policy Focus - Appellate court temporarily blocks Delta island sale - Sacramento Bee - Jun 7 - The California Third District Court of Appeal on Tuesday granted a temporary stay blocking...more

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