Spring Quarter 2009 CEQA Case Law Update

During the second quarter of 2009, there were three published Court of Appeal decisions under CEQA dealing with whether follow-up approvals for a development project are ministerial or discretionary, whether communications between attorneys for applicants and lead agencies remain confidential under “joint defense” non-waiver doctrines, and whether CEQA’s shorter statute of limitations governs in a lawsuit under both CEQA and the Coastal Act.

In addition to these case law developments, some significant administrative developments are in the works. The Natural Resources Agency announced by email that it will shortly begin the rulemaking process for adoption of the proposed new CEQA Guidelines on greenhouse gas emissions that were recommended by the Office of Planning and Research. Also, it appears likely that the State Budget negotiations will result in the elimination of the Office of Planning and Research, with the transfer of its CEQA functions (particularly as clearinghouse for state agency review of EIRs and negative declarations) to another agency.

CASES IN THIS ISSUE:

Health First v. March Joint Powers Authority (Tesco Stores West, Inc.)

California Oak Foundation v. County of Tehama (Del Webb California Corp.)

Strother v. California Coastal Commission (Alvarez)

Download Cox, Castle & Nicholson LLP's Spring 2009 Quarterly CEQA Case Update Newsletter.