The Court of Appeal upheld the City of Newport Beach’s reliance on an EIR addendum to approve a residential project whose impacts had been evaluated in a 2006 Program EIR for a general plan update. Olen Properties Corp. v. City of Newport Beach, 93 Cal. App. 5th 270 (2023).
Olen Properties, the owner of the
The First Appellate District held that the Regents of the University of California failed to comply with CEQA in certifying the project EIR for its student housing project at People’s Park. Make UC a Good Neighbor v. Regents of University of Cal. (2023 WL 2205638, Feb. 24, 2023). Specifically, the court ruled that the Regents
The Court of Appeal held that the City of Mount Shasta, acting as a responsible agency, violated CEQA by approving a wastewater permit for a water bottling plant without making specific findings as to each potentially significant impact of its permit identified in the lead agency’s EIR. The City’s determination that there were “no unmitigated
The court of appeal held that, in an action against the State Water Resources Control Board and regional water quality control boards for violations of the State Board’s Nonpoint Source (NPS) Policy and the public trust doctrine for failure to protect against agricultural water pollution from crop irrigation, plaintiffs failed to state claims for which
A Court of Appeal held that the state’s density bonus law (Gov’t Code § 65915) does not require applicants to submit financial information to support requests for incentives or waivers and preempted a city ordinance that required such financial documentation to show that a project would not be “economically feasible” without the requested incentives. Schreiber
A California Court of Appeal held that special legislation providing fast-track judicial review to the Howard Terminal Project did not impose a deadline for the Governor to certify the project for streamlined environmental review under CEQA. Pacific Merchant Shipping Association v. Newsom (Oakland Athletics Investment Group, LLC), 67 Cal. App. 5th 711 (2021).
The court of appeal held that the City’s approval of mixed-used development projects was not an “artificial, arbitrary, or unnecessary barrier[]” to fair housing necessary to support disparate-impact claims under the FHA and FEHA. AIDS Healthcare Foundation v. City of Los Angeles, No. B303308 (2nd Dist., June 15, 2020).
The City of Los Angeles