Justia Environmental Law Opinion Summaries

Steven Gomes filed a lawsuit to invalidate ordinances regulating groundwater use in Mendocino, adopted by the Mendocino City Community Services District (the district). The district argued that Gomes’s claims were barred by res judicata due to a prior case, Gomes v. Mendocino City Community Services Dist. (2019) (Gomes I), which challenged the district’s groundwater management program. The trial court found the ordinances contained an invalid attorney’s fee provision but rejected Gomes’s other claims.In Gomes I, the trial court denied Gomes’s petition challenging the district’s 2007 groundwater measures, but the judgment was reversed on appeal. The appellate court found the district had authority to limit groundwater extraction and that the 2007 measures were invalid due to non-compliance with statutory procedures. The district subsequently adopted new ordinances in 2020, which Gomes challenged in the present case.The California Court of Appeal, First Appellate District, Division Three, reviewed the case. Gomes argued the ordinances imposed fees for groundwater extraction that required voter approval, which the district did not obtain. The court concluded that the claim was not barred by Gomes I, as it involved different ordinances and provisions. The court held that the fees imposed by the district were not for the extraction of groundwater and thus did not require voter approval under section 10710. The judgment was affirmed, except for the invalid attorney’s fee provision. View "Gomes v. Mendocino City Community Services Dist." on Justia Law

The City of Bakersfield operates multiple weirs on the Kern River to divert water for its use and for several water agencies, including the North Kern Water Storage District (NKWSD) and the Buena Vista Water Storage District. Environmental groups, including Bring Back the Kern (BBTK) and Water Audit California (WAC), sought and obtained a preliminary injunction from the Superior Court of Kern County. The injunction prohibited Bakersfield from operating the weirs in a manner that reduced Kern River flows below the volume sufficient to keep fish downstream in good condition. The trial court refused to consider the potential harm to the City or the water agencies in determining the applicability of the injunction.The water agencies filed motions for reconsideration, arguing that the injunction and the subsequent order setting a flow rate were issued without proper consideration of their interests. The trial court stayed the flow rate order and modified the injunction, but the water agencies appealed the injunction and the order setting a flow rate.The California Court of Appeal, Fifth Appellate District, held that under the self-executing provisions of article X, section 2 of the state Constitution, courts must always consider the reasonableness of water use when adjudicating such cases. The court found that the trial court's failure to consider the reasonableness of the water use it was ordering in the injunction was a constitutional error. Consequently, the appellate court reversed the injunction and the order setting a flow rate and remanded the case for further proceedings. The appellate court also addressed issues related to the bond requirement and the due process rights of the water agencies, concluding that the trial court erred in setting a nominal bond and in issuing an implementation order that affected the water agencies without their agreement. View "Bring Back the Kern v. City of Bakersfield" on Justia Law

The case involves a challenge by two environmental groups against the County of San Diego's adoption of certain thresholds of significance under the California Environmental Quality Act (CEQA). These thresholds, if met, would generally eliminate the need for developers to perform an analysis of vehicle miles traveled (VMT) for proposed projects. The plaintiffs specifically contested two thresholds: one for "infill" projects within unincorporated villages and another for projects generating no more than 110 automobile trips per day.The Superior Court of San Diego County ruled in favor of the County, determining that the infill threshold was consistent with CEQA and supported by substantial evidence. The court also upheld the small project threshold, noting its alignment with recommendations from the Governor’s Office of Planning and Research (OPR).The Court of Appeal, Fourth Appellate District, Division One, State of California, reviewed the case. The court found that the County's infill threshold was not supported by substantial evidence, as it relied on unsubstantiated assumptions about the transportation impacts of infill development without demonstrating that such development would generally result in insignificant VMT impacts in San Diego County. Similarly, the court determined that the small project threshold lacked substantial evidentiary support, as the County did not provide evidence that projects generating fewer than 110 trips per day would likely have a less than significant transportation impact under local conditions.The Court of Appeal reversed the Superior Court's decision, directing the lower court to grant the petition for writ of mandate and to determine whether portions of the Transportation Guide are severable and may continue to be applied. The appellate court emphasized the need for substantial evidence to support the adoption of significance thresholds under CEQA. View "Cleveland Nat. Forest Foundation v. County of San Diego" on Justia Law

The case involves a project to build a four-story hotel and extend a road in the City of Clearlake. The City approved the project after adopting a mitigated negative declaration (MND) under the California Environmental Quality Act (CEQA). The Koi Nation of Northern California, a Native American tribe, challenged the approval, alleging the City failed to comply with CEQA, particularly the provisions added by Assembly Bill No. 52, which requires consideration of tribal cultural resources and meaningful consultation with tribes.The trial court denied Koi Nation's petition for writ of mandate, concluding that the City had not violated CEQA’s consultation requirements because there was no written request from Koi Nation to invoke the right to consultation. The court also rejected Koi Nation’s claims regarding the City’s failure to investigate and mitigate the project’s impacts on tribal cultural resources.The California Court of Appeal, First Appellate District, reviewed the case. The court found that Koi Nation had indeed requested consultation in writing, as required by CEQA. The court determined that the City failed to conduct meaningful consultation, as it did not engage in a process of seeking, discussing, and considering the views of Koi Nation, nor did it seek agreement on mitigation measures. The court concluded that the City’s failure to comply with CEQA’s consultation requirements constituted a prejudicial abuse of discretion, as it omitted material necessary for informed decision-making and public participation.The Court of Appeal reversed the trial court’s order and judgment, instructing the superior court to issue a writ of mandate setting aside the City’s MND and related project approvals. The court did not address Koi Nation’s other arguments, including the need for an environmental impact report (EIR). View "Koi Nation of Northern California v. City of Clearlake" on Justia Law

The plaintiff, Steve Shehyn, owns a 20-acre avocado orchard in Moorpark, California. He alleged that sediment from the Ventura County Public Works Agency and Ventura County Waterworks District No. 1's (collectively, the District) water delivery system permanently damaged his irrigation pipes and orchard. The plaintiff claimed that the sediment was a direct result of the District's water supply facilities' plan, design, maintenance, and operation.The trial court sustained the District's demurrer to the plaintiff's first amended complaint, which included causes of action for breach of contract, negligence, and inverse condemnation. The court allowed the plaintiff to amend the breach of contract and negligence claims but sustained the demurrer without leave to amend for the inverse condemnation claim, citing that the plaintiff "invited" the District's water onto his property. The plaintiff filed a second amended complaint, maintaining the inverse condemnation claim unchanged and indicating his intent to seek a writ of mandamus. The trial court entered judgment for the District after the plaintiff voluntarily dismissed his contract and negligence claims without prejudice.The California Court of Appeal, Second Appellate District, Division Six, reviewed the case de novo. The court concluded that the plaintiff sufficiently pleaded his claim for inverse condemnation. The court found that the plaintiff's allegations that the District's water delivery system delivered a disproportionate amount of sediment to his property, causing damage, supported a claim for inverse condemnation. The court disagreed with the trial court's reliance on Williams v. Moulton Niguel Water Dist., stating that the issue of whether the plaintiff "invited" the water goes to the merits of the claim, not its viability at the pleading stage. The appellate court reversed the judgment and remanded the case with instructions to enter a new order overruling the demurrer. View "Shehyn v. Ventura County Public Works Agency" on Justia Law

The California Air Resources Board (CARB) adopted a regulation in August 2020 to limit emissions from ocean-going vessels while docked at California ports. The Western States Petroleum Association (WSPA) challenged this regulation, arguing that CARB acted arbitrarily and capriciously by setting unfeasible compliance deadlines for emissions control measures. WSPA also claimed that CARB violated the Administrative Procedures Act (APA) by not timely disclosing a commissioned report on tanker emissions and failed to adequately analyze safety hazards and cumulative environmental impacts under the California Environmental Quality Act (CEQA).The Superior Court of Los Angeles County denied WSPA’s petition for a writ of mandate, finding that CARB had the authority to set emissions standards requiring future technology and that WSPA did not prove the necessary technology would not be developed in time. The court also found that CARB substantially complied with the APA’s notice provisions and did not violate CEQA in its environmental analysis.The California Court of Appeal, Second Appellate District, affirmed the lower court’s decision. The appellate court held that CARB’s determination that compliance with the regulation was feasible did not lack evidentiary support. CARB relied on assurances from technology providers that capture and control systems could be adapted for tankers by the compliance deadlines. The court also found that CARB substantially complied with the APA by making the emissions report available before the end of the comment period, allowing WSPA to provide feedback. Finally, the court held that CARB’s environmental analysis under CEQA was adequate, as it provided a general discussion of potential impacts and appropriately deferred more specific analysis to future site-specific reviews. View "Western States Petroleum Ass'n. v. Cal. Air Resources Bd." on Justia Law

The case involves the Santa Clarita Organization for Planning the Environment and Advocates for the Environment (collectively, SCOPE) challenging the County of Los Angeles and Williams Homes, Inc. (Williams) over the approval of a residential housing development project in the Santa Clarita Valley. SCOPE's lawsuit contested the County's approval of a conditional use permit, an oak tree permit, and a vesting tentative tract map, alleging violations of the Subdivision Map Act (SMA) and the California Environmental Quality Act (CEQA).The Superior Court of Los Angeles County granted Williams's motion for judgment on the pleadings without leave to amend, finding that SCOPE's claims were barred under Government Code section 66499.37 of the SMA because SCOPE failed to serve a summons within 90 days of the County's approval of the vesting tentative tract map. The court concluded that section 66499.37 applied to both the SMA and CEQA causes of action, as the CEQA claims were intertwined with the SMA claims.The California Court of Appeal, Second Appellate District, Division Seven, reviewed the case. The court held that section 66499.37 does not bar SCOPE's CEQA claims to the extent they allege procedural violations of CEQA and the County's failure to analyze and disclose the project's environmental impacts, as these claims are unique to CEQA and could not have been brought under the SMA. However, the court found that section 66499.37 does apply to SCOPE's CEQA claims challenging the reasonableness of the conditions of approval of the vesting tentative tract map, specifically the mitigation measures adopted as a condition of approval.The Court of Appeal reversed the judgment and remanded the case, directing the trial court to enter a new order denying the motion for judgment on the pleadings with respect to the first cause of action for violation of CEQA and granting the motion with respect to the second cause of action for violation of the SMA and zoning and planning law. View "Santa Clarita Organization for Planning the Environment v. County of Los Angeles" on Justia Law

The case involves a proposed residential housing development project near the University of Southern California (USC) by the City of Los Angeles. The project, which includes 102 units and various amenities, was found by the City to be exempt from environmental review under the California Environmental Quality Act (CEQA) as a Class 32 urban in-fill development. The appellants, West Adams Heritage Association and Adams Severance Coalition, challenged this determination, arguing that the City abused its discretion by not finding the project consistent with the applicable redevelopment plan, improperly relying on mitigation measures for noise impacts, and failing to show the project would not have significant adverse impacts on traffic safety.The Los Angeles County Superior Court denied the appellants' writ petition, rejecting their challenges to the project. The court found that the City did not abuse its discretion in concluding the project would not have significant impacts on traffic or historical resources. The appellants then appealed the decision.The California Court of Appeal, Second Appellate District, Division One, reviewed the case. The court initially reversed the trial court's decision, holding that the City improperly relied on mitigation measures for noise impacts. However, the Supreme Court transferred the case back to the Court of Appeal with instructions to reconsider in light of Assembly Bill No. 1307 and the Make UC A Good Neighbor v. Regents of University of California decision.Upon reconsideration, the Court of Appeal held that under the new law, noise generated by project occupants and their guests is not considered a significant environmental effect under CEQA. Therefore, the noise concerns do not preclude the application of the Class 32 exemption. The court also determined that the City must assess whether the project is consistent with the applicable redevelopment plan before granting the exemption. The court reversed the trial court's decision and remanded the case for the City to conduct this analysis. The court also concluded that the state density bonus law preempts the redevelopment plan's density provisions, allowing the City to calculate the project's allowable density based on the general zoning ordinance. View "West Adams Heritage Assn. v. City of Los Angeles" on Justia Law

Best Development Group, LLC proposed to develop a Grocery Outlet store in King City. The King City Planning Commission approved the project, determining it was exempt from the California Environmental Quality Act (CEQA) under the class 32 categorical exemption for infill development. Efrain Aguilera appealed this decision to the King City Council, which denied the appeal and upheld the exemption. Aguilera and Working Families of Monterey County then filed a petition for writ of mandate, arguing that the class 32 exemption did not apply because the project was not in an urbanized area and the environmental assessment was inadequate.The Monterey County Superior Court denied the petition, ruling that the class 32 exemption did not require the project to be in an urbanized area as defined by CEQA and that substantial evidence supported the City’s determination that the project met the exemption criteria. The court also found that the City was not required to conduct a formal environmental review.The California Court of Appeal, Sixth Appellate District, reviewed the case. The court held that the terms “infill development” and “substantially surrounded by urban uses” in CEQA Guidelines section 15332 should not be interpreted using the statutory definitions of “infill site,” “urbanized area,” and “qualified urban uses” from other sections of CEQA. The court found that the regulatory intent was to reduce sprawl by exempting development in already developed areas, typically but not exclusively in urban areas. The court also determined that substantial evidence supported the City’s finding that the project site was substantially surrounded by urban uses, based on the environmental assessment and aerial photographs.The Court of Appeal affirmed the judgment, concluding that the class 32 exemption for infill development applied to the Grocery Outlet project, and no further CEQA compliance was required. View "Working Families of Monterey County v. King City Planning Com." on Justia Law

Friends of the South Fork Gualala (FSFG) filed a California Environmental Quality Act (CEQA) proceeding against the California Department of Forestry and Fire Protection (CalFIRE) regarding the approval of a timber harvesting plan by Richardson Ranch, LLC. FSFG's counsel, Daniel Garrett-Steinman, who suffers from bipolar disorder, requested disability accommodations under rule 1.100 of the California Rules of Court, seeking extensions of time and other procedural relief. The trial court granted six of these requests over eight months but denied the seventh request, leading to this appeal.The Sonoma County Superior Court had previously granted FSFG's petition in part, vacating CalFIRE's approval of the timber plan due to inadequate consideration of various environmental impacts. However, the court denied FSFG's claim that the late publication of a complete response to public comments rendered the approval defective. FSFG argued that the trial court's denial of the seventh accommodation request prevented a fair opportunity to litigate the issue of the incomplete response.The California Court of Appeal, First Appellate District, Division Four, reviewed the case. The court held that the trial court did not abuse its discretion in denying the seventh accommodation request. The appellate court found that the trial court had reasonably concluded that further delays would create an undue financial and administrative burden and fundamentally alter the nature of the expedited CEQA proceeding. The court also noted that FSFG had the option to retain additional counsel, which it failed to do. The judgment of the trial court was affirmed, and respondents were awarded their costs on appeal. View "Friends of the So. Fork Gualala v. Department of Forestry and Fire Protection" on Justia Law