California Municipal Law Blog

Court Holds Amendments to Heritage Tree Ordinance Are not Exempt from CEQA

by on November 16, 2015

posted in CEQA, Recent Court Decisions,

The California Environmental Quality Act (“CEQA”) exempts governmental actions to protect natural resources and the environment from the requirement to prepare an environmental impact report.  In a recent case, a court clarified what standard agencies must meet to justify the use of these exemptions, known by practitioners as the “Class 7” and “Class 8” exemptions. In Save Our Big Trees v. City of Santa Cruz, the San Jose-based Sixth District Court of Appeal held that a city’s use of both exemptions could not be used to justify amendment of its heritage tree ordinance, which was ... Continue Reading

tags: CEQA, Class 7 Exemption, Class 8 Exemption, Heritage Tree Ordinance,

Court Holds that Agencies Violate CEQA by Setting Notice Periods that End on Holidays

by on December 9, 2014

posted in CEQA,

Agencies should make sure the notices they give under the California Environmental Quality Act (“CEQA”) do not end on a holiday.  So ruled a court in a recent case challenging the approval of a tentative map.  ... Continue Reading

tags: CEQA, Court Holidays, Notice,

State Supreme Court Rules CEQA Inapplicable to Approval of Pro-Wal-Mart Initiative

by on August 12, 2014

posted in CEQA, Elections, Initiatives,

Californians are fond of government by initiative.  At the ballot box, state voters have registered their preferences on a number of hot-button issues.  Voters have done the same at the local level, often using the initiative power to slow the pace of growth and gain control over land use.  ... Continue Reading

tags: Big-box Retail, CEQA, Elections Code, Initiatives,