Land Use Representation and Litigation
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT) COMMENTS PREPARED & NO LITIGATION REQUIRED
The California Environmental Quality Act (CEQA) requires agencies to analyze a proposed project’s impacts, potential mitigations, and alternatives prior to granting project approvals. Well prepared comments not only preserve issues for litigation, but also alert the agency to public concerns and inadequacies in draft environmental review documents.
Comments on an agency’s Environmental Impact Report (EIR) or Negative Declaration may result in changes to the environmental review document or the project, including possible withdrawal of the project application, such that litigation is unnecessary.
This office has prepared CEQA comments, and no litigation has been filed, for clients including: Sierra Club, Friends of the Russian River, Petaluma River Council, Committee for Green Foothills, Environmental Protection Information Center, Hearst Curtis Neighbors Association, South of the Nimitz Improvement Council, San Bruno Mountain Watch, Committee to Preserve Pescadero, Alameda Creek Alliance, Neighbors of Memorial Stadium, Benvenue Neighbors Association, Fairmede Hilltop Neighborhood Council, and Peralta Park Association of Neighbors among others.
CASES LITIGATED UNDER CEQA
Environmental Protection Information Center & Sierra Club v. California Department of Forestry, California Department of Fish and Game, Pacific Lumber Co. (Humboldt Superior Case No. CV 990445; Calif. First App. Dist. Nos. A104828, A105391; Calif. Supreme No. S140547.) Challenge to California agencies’ approvals of the Headwaters Forest Deal in Humboldt County, pursuant to the California Endangered Species Act, the California Environmental Quality Act, the Z’Berg-Nejedly Forest Practices Act, the California Streambed Alteration Act, the California Fully Protected Species Act and California’s Public Trust Doctrine. Trial Judgment for plaintiffs on all grounds. Appeal reversed. California Supreme Court granted review March 29, 2006. Briefing completed, awaiting oral argument date.
Black Point Forest Rescue Project v. City of Novato (Marin Sup. Ct. No. 163314; Calif. First App. Dist. Nos. AO72520, AO73884.) Issuance of peremptory writ by trial court setting aside Environmental Impact Report for failure to analyze effect of oak forest removal and zoning change proposed for subdivision development. Affirmed on appeal.
Bay Area Land Watch v. County of San Mateo (San Mateo Sup. Ct. No. 391259; Calif. First App. Dist. No. AO73217). Court of appeal remand to trial court with order to issue peremptory writ setting aside San Mateo County’s Environmental Impact Report for failure to analyze cumulative impacts on endangered butterfly habitat, as required by the California Environmental Quality Act.
San Bruno Mountain Watch v. City of South Francisco (San Mateo Superior No. 409456). Challenge to City’s compliance with the California Environmental Quality Act in connection with the 337 acre Terrabay project in South San Francisco, California. Settlement reached in which Terrabay developer set aside 40 acres of endangered species habitat for preservation.
East Hills Rural Neighborhood Assn. v. Board of Supervisors of the County of Alameda, (Alameda Superior Case No. HG04-164087) Challenge to approval of a Mitigated Negative Declaration and failure to prepare an Environmental Impact Report. Settlement reached requiring preparation of full Environmental Impact Report.
Friends of Suisun Marsh & Save San Francisco Bay Association v. Solano County, (Solano Superior Case No. L012244; Calif. First App. Dist. No. AO90102.) Challenge to Solano County’s approval of a commercial dredge disposal project alleging failure to prepare an Environmental Impact Report adequately analyzing cumulative impacts and the effects of rezoning.Stop The Montezuma Wetlands Project v. Solano County, (Solano Superior Case No. 16087.) Challenge to Solano County’s approval of a commercial dredge disposal project alleging take of state protected Salt marsh harvest mouse in violation of the California Fully Protected Species Act and alleging failure to prepare a Supplemental Environmental Impact Report.
Francisco Heights Civic Association v. San Francisco Board of Supervisors (San Francisco Superior Case No. CPF-06-506455) Litigation challenging EIR for demolition of Coronet Theater resulted in settlement.
Coalition of Advocates for Lake Merritt et al v. City of Oakland (Alameda Superior Case No. RG06280471) Challenge to EIR, Development Plan and General Plan Amendment related to Oak to Ninth Avenue Project along Oakland waterfront. Pending.
Friends of the Lake et al. v. City of Oakland (Alameda Superior Case No. RG06282853) Challenge to lack of environmental review for proposed removal of 225 trees surrounding Lake Merritt.