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California Water Law Update

By Katherine A. McKitterick and Sean M. Sherlock To address the worsening drought, on April 1, 2015, Governor Brown issued Executive Order B-29-15 (“Executive Order”), mandating a 25% reduction in potable urban water consumption. In response, the State Water Resources Control Board has passed emergency regulations that will directly affect water districts and users. And […]

Project Built at Variance With EIR Subject to Late CEQA Lawsuit

By:  Sean M. Sherlock Ordinarily the threat of a lawsuit under the California Environmental Quality Act (“CEQA”) passes once the statute of limitation expires – in most cases 30 days after the filing of a Notice of Determination.  But a recent Court of Appeal decision illustrates how a project may remain subject to CEQA litigation […]

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CEQA Lawsuit to Enforce Climate Change Mitigation Measure Prevails

  By:  Katherine A. McKitterick and Sean M. Sherlock On October 29, 2014 the California Court of Appeal affirmed a trial court’s judgment enforcing a mitigation measure adopted by a county in its program environmental impact report (PEIR).  As of the date of this blog post, this case is unpublished.  Therefore, this case does not […]

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Coastal Commission Public Access Condition Held Invalid

By:  Sean M. Sherlock On October 23, 2014, the California Court of Appeal invalidated a coastal development permit condition requiring a property owner to dedicate an easement for public access across her property.  The case relied in part on U.S. Supreme Court decisions in the Nollan and Dolan cases, but was primarily based upon the […]

Governor of California Is Not a “Public Agency” Under CEQA

By Sean M. Sherlock and Brian A. Daluiso The North Fork Rancheria of Mono Indians (“North Fork Tribe”) is a federally recognized Indian tribe that wants to develop a casino near the City of Madera, approximately 40 miles from the tribe’s existing Rancheria. To do this, the North Fork Tribe needs the U.S. Secretary of […]

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BD
Former Associate

Fifth District Invalidates Fresno Senior Housing Project EIR For Inadequate Analysis Of Thresholds Of Significance

by Rick McNeil and Colin Higgins Respondent the County of Fresno authorized the development of an approximately 1,000 acre master planned retirement community in an area zoned agricultural in north-central Fresno County. The project was challenged as being inconsistent with the general plan and the project’s EIR was challenged as providing insufficient detail regarding the […]

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RM
Former Partner

First District Court of Appeal Finds Citizen Group’s CEQA Challenge To College of San Mateo Upgrades Time Barred

by Rick McNeil and Colin Higgins In Citizens For A Green San Mateo, plaintiff (environment group) challenged the removal of more than 200 trees as part of upgrades to the College of San Mateo campus (“CSM”). Plaintiff filed a petition for writ of mandate, alleging that the tree removal was outside the scope of an […]

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RM
Former Partner

Second District Court of Appeal Rejects Conservation Group Challenge to EIR for Newhall Ranch Development

by Rick McNeil and Colin Higgins In Center for Biological Diversity, the California Department of Fish and Wildlife and the Army Corps of Engineers (“Department”) certified an EIR assessing the effects of a proposed conservation plan, resource management plan, streambed alteration agreement, and incidental take permits relating to the Newhall Ranch specific plan development. The […]

RM
Former Partner

Second District Court of Appeal Rejects City of Los Angeles’ Attempt to Require Tentative Tract Map or EIR for Benedict Canyon Luxury Home Development

by Rick McNeil and Colin Higgins In this case involving the interpretation of the Los Angeles Municipal Code and the Subdivision Map Act, Tower Lane Properties sought a grading permit from the City of Los Angeles for the construction of a three-residence family compound totaling approximately 35,000 square on three contiguous hillside lots totaling approximately […]

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RM
Former Partner

First District Court of Appeal Finds CalTrans’ EIR Deficient For Failure To Properly Evaluate Impacts to Redwood Trees Adjacent to Highway 101

by Rick McNeil and Colin Higgins In Lotus, the California Department of Transportation (CalTrans) proposed to adjust and upgrade the roadway alignment of a one-mile stretch of Route 101 that passes through Richardson Grove State Park, home to 300 feet tall and thousands of years old redwood trees. The purpose of the project was to […]

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RM
Former Partner