News & Analysis as of

Mootness California Environmental Quality Act

Miller Starr Regalia

Fight On! After Grant and Transfer, Second District Holds Upon Reconsideration that Resident Noise Does Not Preclude CEQA Class 32...

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In a partially published opinion filed October 31, 2024, the Second District Court of Appeal (Div. 1) held, in light of AB 1307 and the Supreme Court’s decision in Make UC a Good Neighbor v. Regents of University of...more

Miller Starr Regalia

Third Time’s the Charm: Third District Crowns State the Winner By Legislative Decree In Third Published CEQA Decision Arising From...

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“Do not go gentle into that good night. Rage, rage against the dying of the light.” – Dylan Thomas. In a published decision filed October 7, 2024, the Third District Court of Appeal affirmed the trial court’s judgment...more

Miller Starr Regalia

Fourth District Reverses Judgment Granting Writ and Holds City of Upland’s MND For Warehouse Project Satisfies CEQA; Rejects...

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In an opinion filed August 15, and modified and certified for publication on September 13, 2024, the Fourth District Court of Appeal (Div. 2) resolved cross-appeals from a judgment granting a limited writ by reversing with...more

Downey Brand LLP

California Supreme Court Reverses First District Court of Appeal’s Decision in UC Berkeley People’s Park Student Housing Case

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The California Supreme Court, on June 6, 2024, reversed the First District Court of Appeal’s decision regarding UC Berkeley’s Long Range Development Plan (LRDP) EIR. The Supreme Court’s unanimous decision clears the way for...more

Downey Brand LLP

Project’s Completion Did Not Moot CEQA Claim

Downey Brand LLP on

Introduction - On March 29, 2024, the First District Court of Appeal issued its partially published opinion in the case of Vichy Springs Resort, Inc. v. City of Ukiah (2024) 101 Cal.App.5th 46....more

Miller Starr Regalia

Supreme Court Holds Legislature’s Case-Driven CEQA Amendments Require Judgment Upholding UC Berkeley’s 2021 Long-Range Development...

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“It ain’t over ‘til it’s over.” Yogi Berra and Lenny Kravitz - In a unanimous opinion filed on June 6, 2024, the California Supreme Court reversed the judgment of the First District Court of Appeal in the controversial...more

Perkins Coie

Completion of Project Did Not Moot CEQA Claims, and County’s Failure to Exercise Jurisdiction Could Provide a Basis for a CEQA...

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The completion of a shooting range redevelopment project did not moot CEQA claims regarding the project even though the plaintiff had not sought an injunction against development or operation of the project. Moreover, the...more

Farella Braun + Martel LLP

Still in the Line of Fire: CEQA Claim Challenging Firing Range Not Moot After Project Completion

In an opinion filed on March 29, 2024, the First District Court of Appeal found that a CEQA claim was not mooted by completion of a project to demolish an existing shooting range and to construct a new shooting range...more

Miller Starr Regalia

First District Holds CEQA Challenge To Shooting Range Project On City-Owned Land In Unincorporated County Was Not Mooted By...

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In a partially published opinion filed March 29, 2024, the First District Court of Appeal (Div. 4) rejected contentions that the pre-judgment completion of construction of a shooting range mooted a CEQA challenge to the...more

Miller Starr Regalia

Sixth District Reverses Writ, Upholds Responsible Agency Monterey County’s Approval of Desalination Plant In Reliance on CPUC’s...

Miller Starr Regalia on

In an opinion originally filed on September 8, and subsequently modified and certified for partial publication on October 4, 2023, the Sixth District Court of Appeal reversed the trial court’s judgment granting a writ setting...more

Miller Starr Regalia

Sixth District Reverses Judgment Finding Specific Plan FEIR Inadequate For Failure To Adequately Analyze And Respond To Comments...

Miller Starr Regalia on

On August 10, 2023 the Sixth District Court of Appeal filed its published opinion in Santa Rita Union School District v. City of Salinas (2023) ___ Cal.App.5th ___.  On September 7, 2023, it filed an Order slightly modifying...more

Miller Starr Regalia

Third District Declines To Reach CEQA Exemption Claim In Reversing On Other Grounds Judgment Upholding State Department of Public...

Miller Starr Regalia on

In a published opinion filed August 14, 2023, the Third District Court of Appeal reversed a judgment that denied a petition for writ of mandate challenging the State Department of Public Health’s (Department) approval of Real...more

Miller Starr Regalia

Ocean Views Matter: Fourth District Holds Program EIR For Community Plan Update Didn’t Consider Potentially Significant View...

Miller Starr Regalia on

In a published opinion filed June 23, 2023, the Fourth District Court of Appeal (Div. 1) affirmed a judgment granting a writ of mandate directing the City of San Diego (City) to set aside its approvals of an ordinance...more

Miller Starr Regalia

First District Holds Increased Enrollment-Related CEQA Challenges To UC Regents’ 2018 SEIR For Berkeley Campus Development And...

Miller Starr Regalia on

n an opinion filed April 27, and certified for partial publication on May 19, 2023, the First District Court of Appeal (Div. 1) vacated the trial court’s order granting a writ directing the University of California’s Regents...more

Miller Starr Regalia

Sixth District Holds Downtown San Jose Office Project FSEIR’s Brief Discussion And Rejection of “Compensatory” Mitigation for...

Miller Starr Regalia on

In an opinion filed April 18, and belatedly ordered published on May 10, 2023, the Sixth District Court of Appeal upheld the City of San Jose’s (City) certification of a final Supplemental EIR (FSEIR) for development of three...more

Miller Starr Regalia

Sixth District Belatedly Orders Published Its Opinion Upholding Constitutionality Of Judicial Council’s Emergency Rule Altering...

Miller Starr Regalia on

On June 1, 2022, the Sixth District Court of Appeal, in response to a request for publication, ordered that its previously unpublished May 9, 2022 opinion in Committee for Sound Water and Land Development v. City of Seaside...more

Miller Starr Regalia

Sixth District Upholds Constitutionality of Judicial Council’s Covid Emergency Rules Altering CEQA’s Statutes of Limitations In...

Miller Starr Regalia on

As the world continues to dig out from the aftermath of the Covid 19 pandemic, the aftereffects of the earliest phase of lockdowns continue to be felt, including in the world of CEQA litigation.  While this blog does not...more

Miller Starr Regalia

Third District Holds CEQA Does Not Authorize “Remedy” of “Limited EIR” To Augment Deficient MND; Rather, Full EIR Must Be Prepared...

Miller Starr Regalia on

In a partially published opinion filed on November 3, 2021, involving the CEQA review for a bed and breakfast/commercial event project proposed on property within a Yolo County agricultural zone, the Third District Court of...more

Miller Starr Regalia

Third District Affirms CEQA And Attorneys’ Fees Judgments In Favor Of Department Of Water Resources In Monterey Agreement And...

Miller Starr Regalia on

Against the backdrop of another severe drought, water supply and impact issues continue to be points of contention for water agencies, water users, conservation groups, and the state. And, of course, litigation over water is...more

Perkins Coie

CEQA Year in Review 2020

Perkins Coie on

A Summary of Published Appellate Opinions Involving the California Environmental Quality Act - Despite relatively few published opinions this year, there were significant appellate court rulings on a range of topics,...more

Perkins Coie

Completion of Construction Rendered CEQA Challenge Moot

Perkins Coie on

The Third District Court of Appeal held that CEQA and permitting challenges to an expansion project were moot because defendants had already completed construction and did not build the project in violation of any court...more

Miller Starr Regalia

Third District Dismisses Appeal In CEQA Case As Moot Where Plaintiff Failed To Timely Seek Or Obtain Preliminary Injunction And...

Miller Starr Regalia on

In an opinion originally filed on August 26, and later certified for publication on September 16, 2020, the Third District Court of Appeal dismissed a plaintiff group’s (“Parkford”) appeal from an adverse judgment in a...more

Latham & Watkins LLP

California Appeals Court Dismisses As Moot Litigant’s Challenge to Planned Development Approval

Latham & Watkins LLP on

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

Miller Starr Regalia

Fifth District Holds CEQA Action Challenging Individual DOGGR Oil Well Permits Not Barred By Res Judicata Based On Prior Judgment...

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In a 38-page opinion filed May 4, and belatedly ordered published on May 25, 2017, the Fifth District Court of Appeal reversed a judgment dismissing a writ petition filed by three environmental groups alleging CEQA violations...more

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