2011 Fourth Quarter CEQA Case Law Update

Author(s): Scott B. Birkey, Christian H. Cebrian, Linda C. Klein, Andrew B. Sabey

Source: CCN Quarterly CEQA Case Law Update

February 2012

The California Courts of Appeal issued six CEQA decisions in the final quarter of 2011, including two decisions that focused on the question of what constitutes the appropriate baseline for analysis in CEQA documents. Overall, 2011 was another busy year for CEQA in the courts, with 27 published appellate decisions.

Readers should note that petitions for review were filed in the California Supreme Court for five of the six cases discussed below (the Pfeiffer, Ballona Wetlands, Quantification Settlement Agreement, City of San Diego, and Citizens for East Shore Parks decisions), including both of the baseline decisions. The Supreme Court recently denied the petition for review in the Pfeiffer case. With respect to the others, their legal status will remain uncertain until the Supreme Court decides whether or not to grant review (although the vast majority of review petitions are denied).

Cases In This Issue:

Friends of Shingle Springs Interchange, Inc. v. County of El Dorado

Pfeiffer v. City of Sunnyvale City Council

Ballona Wetlands Land Trust v. City of Los Angeles

Quantification Settlement Agreement Cases

City of San Diego v. Board of Trustees of the California State University

Citizens for East Shore Parks v. California State Lands Commission

Download Cox, Castle & Nicholson LLP's 2011 Fourth Quarter CEQA Case Law Update Newsletter.