Articles

CEQA Streamlining for Urban Infill – OPR’s New CEQA Guidelines Take Effect By Andrea A. Matarazzo The Governor’s Office of Planning & Research (“OPR”) has finalized its “Infill Streamlining” updates to the CEQA Guidelines, which OPR developed pursuant to SB 226 (Simitian, 2011) and are now in effect. The goal of SB 226 was to reduce duplicative review and add certainty to the development process.  According to OPR, these additions to the CEQA Guidelines in section 15183.3 ...

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Legislature Cannot Require Charter Cities to Pay Prevailing Wages to Contractors on Public Works Projects State Building and Construction Trades Council of California AFL-CIO v. City of Vista [California Supreme Court No. S173586, filed 7/2/12] By Andrea A. Matarazzo The City of Vista – a charter city – entered contracts for construction of public buildings, which were challenged by way of a petition for writ of mandate brought by a federation of labor unions.  The unions asserted that ...

County’s Comprehensive Ban on Medical Marijuana Dispensaries Is Preempted by State Law County of Los Angeles v. Alternative Medicinal Cannabis Collective [Second District Court of Appeal No. B233419, filed 7/2/12] By Andrea A. Matarazzo The Alternative Medicinal Cannabis Collective (“Collective”) appealed a trial court order granting an injunction prohibiting them from operating a medical marijuana “dispensary” in any unincorporated area of the County of Los Angeles.  The Collective argued that the injunction was improper because the County’s blanket ...

Increased Demand for Fire Protection and Other Public Services Is an Economic Effect Rather than an Environmental Impact Under CEQA. City of Hayward et al. v. California State University [First District Court of Appeal Nos. A131412 and A132424, filed 5/30/12; part pub. order 6/28/12] By Andrea A. Matarazzo The City of Hayward and two local community groups (“Petitioners”) challenged the Environmental Impact Report (“EIR”) for the California State University East Bay campus master development plan, arguing that the EIR ...

Landowner’s Proposed Beachfront Patio Extension Was Inconsistent with Coastal Policies and Local Regulations, and His Failure to Pursue an Administrative Determination of Vested Rights Precluded Judicial Review of that Claim Jamieson v. City Council of City of Carpinteria [Second District Court of Appeal No. B232348, filed 2/28/12, certified for publication 3/28/12] By Andrea A. Matarazzo Landowner Lee Jamieson filed a petition for administrative mandamus challenging the City of Carpinteria’s denial of his request for a permit to enlarge ...

Trial Court Exceeded Proper Scope of Judicial Notice By Considering Provisions of Settlement Agreement Not Alleged in CEQA Petition Jamulians Against the Casino v. Iwasaki [Third District Court of Appeal No. C067138, filed 3/29/12; pub. & mod. order 4/26/12] By Andrea A. Matarazzo Jamulians Against the Casino (“JAC”) and various individuals who are primarily JAC members filed a petition for a writ of mandate challenging defendant Randell Iwasaki’s execution of an April 2009 settlement agreement — in ...

Property Owner May Challenge EPA’s Clean Water Act Compliance Order Under the Administrative Procedure Act Sackett v. Environmental Protection Agency [U.S. Supreme Court No. 10-1062, decided March 21, 2012] By Andrea A. Matarazzo Michael and Chantell Sackett purchased residential property in Bonner County, Idaho.  Their property lies near Priest Lake, but is separated from the lake by several lots with permanent structures.  The Sacketts wanted to build a house on their property and filled half an acre with ...

Marin County Board of Supervisors Had No Power to Approve or Disapprove Redwood Landfill and Could Not Hear Plaintiffs’ CEQA Appeal   No Wetlands Landfill Expansion v. County of Marin [First District Court of Appeal No. A131651, filed March 20, 2012] By Andrea A. Matarazzo Redwood Landfill is located on a 420-acre site and handles the majority of Marin County’s solid waste.  Real Party Redwood Landfill, Inc. operates ...

Congressional Directive to Partially Delist the Gray Wolf Under the Endangered Species Act Did Not Violate Separation of Powers Doctrine Alliance for the Wild Rockies v. Salazar [Ninth Circuit Court of Appeals Nos. 11-35670, 11-35661 [filed March 14, 2012] By Andrea A. Matarazzo Environmental groups sued seeking to enjoin the Secretary of the Interior (“Secretary”) from implementing section 1713 of the 2011 Appropriations Act, which ordered the Secretary to remove a portion of a distinct population of gray ...