Downey Brand LLP

In Citizens for a Better Eureka v. City of Eureka (2025) __ Cal. App. 5th __, the First District Court of Appeal affirmed a judgment dismissing a CEQA action that challenged an approval for the redevelopment of a City of Eureka (City) parking lot into affordable housing (Project). The Court affirmed the dismissal because Petitioner

On May 29, 2025, in Seven County Infrastructure Coalition v. Eagle County, Colorado (2025) 605 U.S. ____, the Supreme Court gave instruction that the National Environmental Policy Act (NEPA) “is a procedural cross-check, not a substantive roadblock,” and that NEPA’s goal “is to inform agency decisionmaking, not to paralyze it.”

Specifically, the Court overturned the

In Cleveland National Forest Foundation v. County of San Diego (2025) 109 Cal. App.5th 1257, the Fourth District Court of Appeal invalidated two thresholds of significance adopted by the County of San Diego (“County”) that in certain circumstances would have avoided the need for a project proponent to perform an analysis of vehicle miles travelled.

Several years ago, many of us were stunned to learn how much funding would run through FEMA’s BRIC program (Building Resilient Infrastructure and Communities). Traditionally, significant money only ran through the U.S. Army Corps of Engineers’ Civil Works Program. Big funds from FEMA tended to show up only after a disaster. But BRIC was going to change

In the wake of the tragic disaster still unfolding in multiple communities of Southern California, Governor Newsom has issued an executive order (Executive Order N-4-25) intended to “expedite recovery” from the disaster by “eliminating barriers that unduly delay the rapid rebuilding of homes and other facilities destroyed or damages by the extreme windstorm conditions and

In Center for Biological Diversity v. County of San Benito (2024) 104 Cal.App.5th 22, the Court of Appeal held that the statute of limitations for two CEQA challenges did not begin to run until the Board of Supervisors had heard and decided appeals from the Planning Commission. Because the County of San Benito’s local ordinance

On October 21st, the Second District Court of Appeal published a decision in Santa Clarita Organization etc. v. County of Los Angeles (2024) 105 Cal.App.5th 1143 that addresses the question of whether a CEQA challenge to an approval of a vesting tentative tract map for a subdivision is subject to the summons requirement under the Subdivision