California Land Use & Development Law Report
California Land Use & Development Law Report
California Land Use & Development Law Report offers insights into legal issues relating to development and use of land and federal, state and local permitting and approval processes.
CEQA Challenges to EIR’s Biological and Emergency Evacuation Analyses Rejected
A court of appeal has denied CEQA challenges to the EIR for an apartment project, holding that analysis of biological impacts need not be based on surveys conducted in the same year the city issued its notice of preparation of the EIR. Save North Petaluma River and Wetlands v. City of Petaluma, 86 Cal.App.5th 207 (2022).
CEQA YEAR IN REVIEW -- 2022
A SUMMARY OF PUBLISHED APPELLATE OPINIONS UNDER THE
Athletic Field Lighting Project Not Categorically Exempt from CEQA
The First District Court of Appeal overturned the City of San Francisco's decision that Saint Ignatius High School's project to install four permanent 90-foot-tall athletic field lights was exempt from CEQA. Saint Ignatius Neighborhood Association v. City and County of San Francisco, 85 Cal.App 5th (2022).
Meritless CEQA Suit Warranted Malicious Prosecution Claim Against Attorney
The court of appeal held that an attorney's actions in filing and prosecuting a meritless challenge to construction of a single-family home supported a claim for malicious prosecution. Jenkins v. Brandt-Hawley, No A162852 (1st Dist., Dec 28, 2022).
CEQA Challenge to Campus Town Project in Monterey County Was Untimely
CEQA YEAR IN REVIEW 2021
A Summary of Published Appellate Opinions Under the California Environmental Quality Act
Introduction
The courts issued relatively few published CEQA decisions in 2021, with no California Supreme Court activity and no blockbuster court of appeal opinions. But two cases addressed topics of great current interest: wildfire and climate change impacts.
Coastal Commission Must Complete Environmental Review Under Its Certified Regulatory Program Before Approving Permit
The court of appeal found that the California Coastal Commission erred by approving a coastal development permit for a residential development before environmental review for the project had been completed. Friends, Artists and Neighbors of Elkhorn Slough v. California Coastal Commission, 2021 WL 5905714 (No. H048088, 6th Dist., December 14, 2021).
CEQA YEAR IN REVIEW 2020
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, including whether projects are properly classified as discretionary or ministerial, the adequacy of mitigation, agencies' document retention obligations, the remedy for an in
CEQA YEAR IN REVIEW 2019
A SUMMARY OF PUBLISHED APPELLATE OPINIONS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
CEQA YEAR IN REVIEW -- 2018

A Summary of Published Appellate Opinions Under the California Environmental Quality Act The California Supreme Court issued its only CEQA opinion of 2018 at the end of the year.
CEQA YEAR IN REVIEW 2017
A Summary of Published Appellate Opinions Under the California Environmental Quality Act In 2017, the California Supreme Court issued two decisions involving highly controversial questions of first impression. In the closely-watched Cleveland National Forest Foundation case, the court reversed the court of appeal's ruling that the EIR for SANDAG's region
CEQA YEAR IN REVIEW 2016
A Summary Of Published Appellate Opinions Under The California Environmental Quality Act
CEQA YEAR IN REVIEW 2015
A Summary of Published Appellate Opinions Under the California Environmental Quality Act
CEQA Year in Review 2014
A Summary of Published Appellate Opinions Under CEQA
By Stephen Kostka, Julie Jones, Barbara Schussman, Alan Murphy, Ned Washburn, Laura Zagar, Kathryn Bilder, Christopher Chou and Marie Cooper
CEQA Year In Review 2013
A Summary of Published Appellate Opinions Under CEQA By Steve Kostka, Barbara Schussman, Julie Jones, Marc Bruner & Christopher Tom