California Supreme Court Invalidates EIR for Coastal Mixed-Use Development

by Richard J. McNeil The California Supreme Court’s recent decision in Banning Ranch Conservancy v. City of Newport Beach, ___ Cal. 4th ___ (2017) (Case No. S227473, Mar. 30, 2017) serves as a cautionary reminder that–as stated by the Court … Continue reading

Tagged , , , , , ,

Share this Article:

My Project Changed—Is My EIR Still Valid: A New California Supreme Court Case Provides Guidance

by Mark D. Johnson Change is inevitable.  Many times between project approval and project construction fluctuations in market conditions, financing terms or other factors mandate project changes.  Do the changes require a further or modified California Environmental Quality Act (“CEQA”) … Continue reading

Tagged , , , , , ,

Share this Article:

Does a Project’s Impact on the “Character of the Community” Need to Be Evaluated under CEQA?

by Sean M. Sherlock Harry Rogers owned and operated a horse boarding facility called the Stock Farm, in the City of Poway, California – a city that proudly calls itself the “City in the Country.”  Rogers wanted to shut down … Continue reading

Tagged

Share this Article:

How to avoid CEQA environmental review by ballot initiative

by Sean M. Sherlock The World Logistics Center is a massive project – 41 million square feet of logistics facilities located on 2,300 acres in Moreno Valley, California. The project has undergone environmental review for years, culminating in an Environmental … Continue reading

Tagged , , , , , ,

Share this Article:

It’s the Effect of the Project on the Environment – Not the Effect of the Environment on the Project

by Sean Sherlock The California Supreme Court has resolved a longstanding uncertainty regarding the scope of environmental review under the California Environmental Quality Act (“CEQA”). In 1995, a California Court of Appeal held that CEQA requires a lead agency to … Continue reading

Tagged , , ,

Share this Article:

New CEQA Cases Approve of Flexibility in Determining Environmental Baseline

by Sean M. Sherlock The California Environmental Quality Act (“CEQA”) requires agencies to evaluate whether projects they are performing or permitting will have a significant effect on the environment. But significant compared to what? In evaluating a project’s impact on … Continue reading

Tagged , , ,

Share this Article:

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 … Continue reading

Tagged , , , , ,

Share this Article:

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 … Continue reading

Tagged , ,

Share this Article:

Legislature Expands CEQA to Require Tribal Consultation

By Sean M. Sherlock and Brian Daluiso On September 25, 2014, Governor Edmund G. Brown, Jr., signed Assembly Bill No. 52 (“AB 52”) into law. The new law expands the California Environmental Quality Act (“CEQA”) to provide that any public … Continue reading

Tagged , , ,

Share this Article:

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 … Continue reading

Tagged , , , ,

Share this Article: