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CEQA Case – Don’t Cell Our Parks v. City of San Diego/Verizon Case

Woman Sitting In Park And Reading Cell Phone

The Fourth District Court of Appeal’s recent case Don’t Cell Our Parks v. City of San Diego/Verizon upholds application of the Class 3 categorical exemption under CEQA Guidelines 15303 to a new wireless telecommunications pole in a city-owned park. This case adds to existing case law that applies Class 3 to other telecommunications equipment (Aptos Residents and Robinson (antennas on poles) and San Francisco Beautiful (cabinets)). The court noted that while none of the examples included in the Guidelines…

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CEQA Case – Rodeo Citizens Association v. County of Contra Costa

Gas Stove Burner With Flame

A recently published CEQA case - Rodeo Citizens Association v. County of Contra Costa addresses issues related to project description, greenhouse gas analysis, and accident release analysis. The First District Court of Appeal upheld an EIR's GHG analysis for an existing Phillips 66 refinery. The court found it acceptable under CEQA for the EIR to not quantify greenhouse gas emissions from downstream uses of recovered propane and butane because 1) The lead agency has discretion to design the EIR; 2)…

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CEQA Case – Creed-21 v. City of Wildomar

Wooden Gavel

The California Supreme Court’s recent denial of petitioner’s request for review of Creed-21 v. City of Wildomar (2017) 18 Cal.App.5th 690 affirms that discovery can be sought to challenge standing in CEQA cases. Since publication in Dec 17 we have successfully obtained discovery orders to determine the true nature of petitioners’ members and others are doing the same. While there have been legislative efforts to require disclosure of petitioners’ interest, it is the courts that are defining and interpreting CEQA.…

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UC Hastings Moot Court

Moot Court

Joey Meldrum was honored to be a judge for the UC Hastings Spring Moot Court oral arguments on March 29, 2018.  A very impressive group of students argued a complicated Endangered Species Act (ESA) case - huge kudos to Professor David Takacs for championing the Hastings Environmental Law Concentration and making it better everyday.

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Court of Appeal Affirms Parking is Not a CEQA Impact for Transit Oriented Development Projects Approved After The Effective Date of SB 743

Aerial Of Mostly Empty Parking Lot

In a recently published decision by the Second District, the California Court of Appeal in Covina Residents for Responsible Development v. City of Covina (B279590, certified for publication March 22, 2018) affirmed California’s goal of encouraging transit-oriented development. Amanda Monchamp and Joey Meldrum (representing the project developer, City Ventures) worked with the City of Covina to defend its approval of a 68-unit, mixed-use, infill project located a quarter-mile from a Metrolink commuter rail station. Each unit in the project is…

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