From: FindLaw Opinion Summaries - Environmental
(Cal. App., Civil Procedure, Construction, Environmental Law,
Government Law, Property Law & Real Estate) Trial court's
decision not to interject itself into the still on-going process of
preparing an EIR concerning plaintiff-developer's proposal to
develop single-housing and commercial structures within the limits
of defendant-city is affirmed where: 1) developer's contention that
the one-year time limit for certifying an EIR established by CEQA
section 21151.5 constitutes an iron-clad, one-size-fits-all rule
that permits of no exception, is rejected; 2) Gov. Code section
65589.5 cannot be used to halt the decision-making process
specified by CEQA that is still on-going; and 3) developer's active
participation in that process for more than three years, which
included numerous changes in t...
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San Diego Navy Broadway Complex Coalition v. City of San Diego
(Cal. App., Administrative Law, Environmental Law) In a nonprofit
organization's petition for writ of mandate claiming that
defendant-city violated CEQA in determining that no further
environmental review of a project was required, the trial court did
not err in denying the plaintiff's amended petition as the city was
not required to prepare a subsequent or supplemental EIR regarding
the potential impact of a redevelopment project called the Navy
Broadway Complex Project on global climate change because the city
did not grant a discretionary approval that would provide it with
the authority to address the project's impact on this environmental
issue.

San Diego Navy Broadway Complex Coalition v. City of San Diego
(Cal. App., Administrative Law, Environmental Law) In a nonprofit
organization's petition for writ of mandate claiming that
defendant-city violated CEQA in determining that no further
environmental review of a project was required, the trial court did
not err in denying the plaintiff's amended petition as the city was
not required to prepare a subsequent or supplemental EIR regarding
the potential impact of a redevelopment project called the Navy
Broadway Complex Project on global climate change because the city
did not grant a discretionary approval that would provide it with
the authority to address the project's impact on this environmental
issue.

Tomlinson v. County of Alameda
(Cal. App., Administrative Law, Construction, Environmental Law,
Government Law, Property Law & Real Estate) Trial court's
denial of plaintiffs' petition for a writ of administrative
mandate, challenging a decision of a county to approve a
subdivision development is reversed as the project was not exempt
from CEQA review as the county used the wrong legal standard in
applying the exemption and substantial evidence does not show the
proposed subdivision satisfied the exemption's criteria.


Tomlinson v. County of Alameda
(Cal. App., Administrative Law, Construction, Environmental Law,
Government Law, Property Law & Real Estate) Trial court's
denial of plaintiffs' petition for a writ of administrative
mandate, challenging a decision of a county to approve a
subdivision development is reversed as the project was not exempt
from CEQA review as the county used the wrong legal standard in
applying the exemption and substantial evidence does not show the
proposed subdivision satisfied the exemption's criteria.


Planning & Conservation League v. Castaic Lake Water Agency
(Cal. App., Administrative Law, Civil Procedure, Environmental Law,
Government Law, Water Law) In plaintiffs' request for an
administrative mandamus challenging an environmental impact report
certified by the defendant pursuant to CEQA concerning a transfer
of water from a water agency and a water storage district to the
defendant's, judgment of the trial court is reversed, vacated and
remanded as, although the trial court correctly rejected
plaintiffs' principal contentions, it erred in issuing the writ
because the EIR contains no material defects.

