In Marina Coast Water Dist. v. County of Monterey (2023) 96 Cal.App.5th 46, the Sixth District Court of Appeal reversed the trial court’s ruling, rejecting Marina Coast Water District’s (“MCWD”) challenge to the sufficiency of the environmental review process for the Monterey Peninsula Water Supply Project (“Project”). The court held that Monterey County’s (“County”)
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Environmental Real Parties may be entitled to attorney’s fees for helping agency defend against private party attacks on highway route extension
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 alignment and a CEQA settlement that required the highway to avoid sensitive areas, was not entitled to attorney’s fees under the “private attorney…
Trial Court’s Jurisdiction over CEQA Case is Lost after Writ is Satisfied by Rescission of Project Approvals
In McCann v. City of San Diego (2023) 94 Cal.App.5th 284 (McCann II), the Fourth District Court of Appeal held the trial court exceeded its jurisdiction by failing to discharge a writ of mandate. The writ was issued for the failure to analyze whether a set of projects approved through a mitigated negative declaration (MND…
Court of Appeal Clarifies CEQA’s In-fill Exemption Requirements
In United Neighborhoods for Los Angeles v. City of Los Angeles, et al. (2023) 93 Cal.App.5th 1074, the Second District Court of Appeal affirmed a trial court’s grant of a writ of mandate halting a project in Hollywood that would replace 40 rent-stabilized apartments with a hotel. The City of Los Angeles determined that the…
Court of Appeal Finds Substantial Evidence Supports City’s Use of Statutory Exemption to Approve a Zoning Overlay District For Commercial Cannabis Uses
In Lucas v. City of Pomona (2023) 92 Cal.App.5th 508, the Second District of the Court of Appeal affirmed the trial court’s decision that the City of Pomona’s (“City”) application of the statutory exemption under CEQA Guidelines section 15183 was proper for approval of a zoning overlay district for commercial cannabis activities (the “Project”). Applying…
Four Populations of Foothill Yellow-Legged Frog Listed as Endangered or Threatened Under Federal Endangered Species Act
On August 31, 2023, the U.S. Fish and Wildlife Service (USFWS) issued a final rule listing four distinct population segments (DPSs) of foothill yellow-legged frog (Rana boylii) under the federal Endangered Species Act (ESA). The foothill yellow-legged frog lives in streams throughout California and Oregon, but the four DPSs identified are all located in California…
California Supreme Court Clarifies Legal Standard for State Preemption
In Chevron U.S.A. Inc. v. County of Monterey (2023) 15 Cal.5th 135, the California Supreme Court held that Measure Z, a local ordinance banning certain oil production methods, was preempted by state law governing the regulation of oil wells.
Measure Z was sponsored by Protect Monterey County (PMC) and passed by Monterey County…
Alleged Non-Compliance With CEQA is “Not a Defense to the Commission of a Crime” – Court of Appeal Upholds County’s Authority to Enforce Encroachment Laws
In Anderson v. County of Santa Barbara (2023) 94 Cal.App.5th 554 (Anderson), the Fourth District Court of Appeal reversed the trial court’s grant of a preliminary injunction that barred Santa Barbara County from removing unpermitted encroachments from a public right-of-way. In reversing the preliminary injunction, the Court held that the petitioners would not be irreparably…
Standard of Review Surprise: Fair Argument Applies Despite Prior Program EIR According to Fourth District
On June 23rd, the Fourth District published Save Our Access v. City of San Diego (2023) 92 Cal.App.5th 819, holding that a city’s approval of a ballot measure to remove the 30-foot Coastal Zone height limit in a community planning area required further environmental review. The Court concluded that the program EIR evaluating the…
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 commercial development owner. To comply with CEQA, the City of Newport Beach prepared an addendum to an existing environmental impact report (EIR)…