Justia California Court of Appeals Opinion Summaries

The question this case presented for the Court of Appeal was whether a watermaster appointed by the trial court to implement and administer a water rights decree had the right to appeal the trial court’s orders interpreting the decree on the grounds the watermaster disagrees with the trial court’s interpretation and the orders would increase the watermaster’s administrative burdens and costs. The Court of Appeal concluded the watermaster did not have the right to appeal because the watermaster was not aggrieved by the trial court’s interpretation of the water users’ rights under the decree. View "Dow v. Lassen Irrigation Company" on Justia Law

Appellant Save the El Dorado Canal sought reversal of a judgment entered after the trial court denied its petition for writ of mandate. The petition challenged certification of an environmental impact report (EIR) and approval of a project under the California Environmental Quality Act (CEQA). The challenged project, the Upper Main Ditch piping project, was approved by the El Dorado Irrigation District and the El Dorado Irrigation District Board of Directors (collectively, respondents). On appeal, appellant contended respondents’ approval of the challenged project violated CEQA because: (1) the EIR failed to provide an adequate project description because it omitted “a crucial fact about the ditch the District proposes to ‘abandon,’ ” i.e., “the Main Ditch system is the only drainage system” for the watershed; and (2) the EIR failed to adequately analyze the impacts of abandonment to hydrology, biological resources, and risks associated with wildfires. The Court of Appeal affirmed, finding respondents did not abuse their discretion in approving the Blair Road alternative. The draft and final EIR’s adequately apprised respondents and the public about both the nature of the watershed and the fact that the District would no longer maintain the abandoned portion of the Upper Main Ditch. These environmental documents also adequately analyzed the Blair Road alternative’s impacts to hydrology, biological resources, and risks associated with wildfires. View "Save the El Dorado Canal v. El Dorado Irrigation Dist." on Justia Law

Two appeals consolidated for review centered on Placer County’s approval of a land use specific plan and rezoning to permit residential and commercial development and preserve forest land near Truckee and Lake Tahoe. The plaintiffs-appellants contended the County’s environmental review of the project did not comply with the California Environmental Quality Act on numerous grounds, and the rezoning did not comply with the California Timberland Productivity Act of 1982. The trial court rejected each of plaintiffs’ claims except one, involving analysis of the project's impact on Lake Tahoe's water quality and greenhouse case emission mitigation measures. The Court of Appeal affirmed both judgments in part, finding measure 12-2 did not comply with CEQA, and the EIR’s analysis of the project’s impact on evacuation plans was supported by substantial evidence. The Court found substantial evidence did not support the County’s finding that no additional feasible mitigation measures existed to mitigate the project’s traffic impacts on state route 267, and the EIR’s discussion of the project’s energy impacts did not comply with CEQA. View "League to Save Lake Tahoe Mountain Area v. City of Placer" on Justia Law

In 2010, the city certified an environmental impact report (EIR) and approved a specific plan for property located next to San Francisco Bay. CCCR challenged the plan under the California Environmental Quality Act (Pub. Resources Code 21000, CEQA). The court identified deficiencies in the EIR. The city prepared a recirculated EIR (REIR) that remedied the deficiency. The REIR found the specific plan could have significant impacts due to the destruction of endangered species habitats and discussed the impacts of climate change and sea-level rise. The city certified the final REIR, readopted the 2010 specific plan, and executed a development agreement. In 2016, the city approved a subdivision map for 386 housing units. In 2019, another subdivision map proposed 469 additional residential lots. The city prepared a checklist comparing the REIR’s analysis of the specific plan with the impacts of the subdivision map and concluded the proposed subdivision would be consistent with the specific plan, and that no changed circumstances or new information required additional environmental review. The city posted the checklist for public comment, responded to comments, then approved the subdivision map.The court of appeal affirmed. The project was exempt from further CEQA review under Government Code 65457 because it implemented and was consistent with the specific plan. Substantial evidence supports the conclusion that no project changes, changed circumstances, or new information required additional analysis. The deferral of analysis of potential flood control projects to address sea-level rise in the latter half of this century was proper. View "Citizens' Committee to Complete the Refuge v. City of Newark" on Justia Law

In 2010, real parties in interest applied to the City of Santa Cruz to construct a 40-unit development on a parcel of land located at 1930 Ocean Street Extension. Following an initial mitigated negative declaration and years of litigation surrounding the impact of the nearby crematory at Santa Cruz Memorial Park, in 2016, the real parties in interest renewed their interest in moving forward with their project. As required by the California Environmental Quality Act (CEQA), the project applicant and the City of Santa Cruz prepared and circulated the initial study, the draft environmental impact report (EIR), the partially recirculated draft EIR, and the final EIR. Following a public hearing, the city council adopted a resolution to certify the EIR and to adopt Alternative 3, a 32-unit housing project. The Ocean Street Extension Neighborhood Association (OSENA) filed a petition for writ of mandamus, alleging the City of Santa Cruz and its city council violated CEQA and the Santa Cruz Municipal Code in approving the project. The trial court concluded the City had complied with CEQA, but it determined the City violated the municipal code, and it issued a limited writ prohibiting the City from allowing the project to proceed unless and until it followed the municipal code and the court was satisfied with its compliance. Following entry of judgment, OSENA appealed, arguing the court erred by concluding the City complied with CEQA’s requirements. OSENA contended the City violated CEQA by: (1) insufficiently addressing potentially significant biological impacts and mitigation measures in the initial study rather than in the EIR directly; (2) establishing improperly narrow and unreasonable objectives so that alternative options could not be considered meaningfully; and (3) failing to address cumulative impacts adequately. The City cross-appealed, contending the court incorrectly concluded it violated the municipal code by granting a planned development permit without also requiring the project applicant to comply with the slope modifications regulations After review, the Court of Appeal agreed with the City, and affirmed that portion of the trial court's order and judgment concluding it complied with CEQA. The Court reversed the portion of the order and judgment concluding the City violated its municipal code. View "Ocean Street Extension Neighborhood etc. v. City of Santa Cruz" on Justia Law

The Water Rights Permitting Reform Act of 1988 provides a streamlined process for acquiring a right to appropriate up to 10 acre-feet of water per year from a stream into a storage facility, such as a pond or tank, by registering the use with the State Water Resources Control Board, paying a fee, and subsequently putting the water to “reasonable and beneficial use.” Given its lack of discretion over individual permits, the board has designated the registration process generally to be exempt from the California Environmental Quality Act (CEQA, Pub. Resources Code 21000) as a ministerial decision.Mission Peak sued the board, alleging CEQA violations by granting a small domestic use registration to the Georges without first conducting an environmental review. The Georges’ registration form, on its face, met the program requirements. Mission Peak alleged that the form was replete with false information, of which the board was or should have been aware. The court of appeal affirmed the dismissal of the suit. The registration was exempt from CEQA as a ministerial act. Conducting an environmental review would be a meaningless exercise because there is no discretion to reduce a project’s environmental damage by requiring changes. View "Mission Peak Conservancy v. State Water Resources Control Board" on Justia Law

The City of San Diego (City) certified an environmental impact report (EIR) for the “Serra Mesa Community Plan [SMCP] Amendment Roadway Connection Project” (Project) and approved an amendment to the SMCP and the City’s General Plan to reflect the proposed roadway. Save Civita Because Sudberry Won’t (“Save Civita”) filed a combined petition for writ of mandate and complaint for declaratory and injunctive relief (Petition/Complaint) against the City, challenging the City’s certification of the EIR and approval of the Project. Save Civita contended that the City violated the California Environmental Quality Act (“CEQA”), the Planning and Zoning Law, and the public’s due-process and fair-hearing rights. The trial court denied the Petition/Complaint in its entirety and entered a judgment in favor of the City. On appeal, Save Civita raised four claims related to the City’s certification of the EIR for the Project: (1) the City violated CEQA Guidelines section 15088.5, subdivision (g) in failing to summarize revisions made in the Project’s recirculated draft EIR (RE-DEIR); (2) the Project’s final EIR (FEIR) was deficient because it failed to adequately analyze, as an alternative to the Project, a proposal to amend the MVCP to remove the planned road from that community plan; (3) the FEIR is deficient because it failed to adequately analyze the Project’s traffic impacts; and (4) the FEIR failed to adequately discuss the Project’s inconsistency with the General Plan’s goal of creating pedestrian-friendly communities. In addition to its EIR / CEQA claims, Save Civita maintains that the Project will have a deleterious effect on the pedestrian-friendly Civita community and that the City therefore violated the Planning and Zoning law in concluding that the Project is consistent with the City’s General Plan. Finally, Save Civita maintains that the City acted in a quasi-adjudicatory capacity in certifying the FEIR and approving the Project and that a City Council member violated the public’s procedural due process rights by improperly advocating for the Project prior to its approval. Finding no reversible error, the Court of Appeal affirmed the trial court's judgment in favor of the City in its entirety. View "Save Civita Because Sudberry Won't v. City of San Diego" on Justia Law

Mission Peak filed suit against the State Water Resources Control Board, alleging that it violated the California Environmental Quality Act (CEQA) by granting a small domestic use registration to Christopher and Teresa George without first conducting an environmental review.The Court of Appeal affirmed the trial court's decision sustaining the board's demurrer without leave to amend, concluding that the registration was exempt from CEQA as a ministerial act, rather than a discretionary act. In this case, Mission Peak points to no statute that grants the board authority to place conditions on the Georges' registration to lessen its environmental effects; the only conditions the board may impose are general conditions applicable to all registrations; registration is automatically deemed complete, and the registrant obtains the right to take and use the specified amount of water, when the board receives a substantially compliant registration form along with the registration fee; the board determines whether a registration is compliant essentially by applying a checklist of fixed criteria; and the registration is effective as of the date of the form and remains so until and unless the water right is forfeited, abandoned, or revoked. View "Mission Peak Conservancy v. State Water Resources Control Board" on Justia Law

Heritage sought to develop Monterey County property and obtained the requisite government approvals, including a coastal development permit. Objectors filed an appeal with the California Coastal Commission. Coastal Commission staff recommended denial of Heritage’s coastal development permit application primarily due to the lack of adequate water supply. At a public hearing, the Commission expressed disagreement with the staff’s recommendation and approved Heritage’s application. Staff then prepared written revised findings to support the approval. The revised findings were later adopted by the Commission.The trial court rejected a suit under the California Environmental Quality Act (CEQA, Pub. Resources Code 21000) and the California Coastal Act of 1976 (section 30000 ). The court of appeal reversed. The Commission failed to complete the requisite environmental review before approving Heritage’s permit application. The Commission did not complete an analysis of mitigation measures (including conditions for the project) or alternatives, as required under CEQA and its certified regulatory program, until the 2018 staff report was prepared, after the project was approved. View "Friends, Artists & Neighbors of Elkhorn Slough v. California Coastal Commission" on Justia Law

In 2001, the City issued China Shipping a permit to build the Container Terminal, within the Port of Los Angeles. The settlement of a suit under the California Environmental Quality Act required the City to prepare an environmental impact report. The resulting 2008 Report found the project “would have significant and unavoidable adverse environmental impacts to air quality, aesthetics, biological resources, geology, transportation, noise, and water quality sediments and oceanography.” The City adopted more than 50 mitigation measures and several lease measures to reduce these impacts. China Shipping’s lease was never amended to incorporate the mitigation measures. Several measures were partially implemented; others were ignored entirely. In 2015, the City began a revised environmental analysis for the Terminal. The Board of Harbor Commissioners certified the final supplemental report in 2019. The City Council approved it in 2020, allowing the Terminal to operate under revised conditions. China Shipping refused to implement or to pay for any new measures. The Air District filed suit, seeking to set aside the Terminal's approvals and permit and nullification of the certification of the 2020 Report, to disallow continued operation of the Terminal.The Union sought permissive intervention, claiming that up to 3,075 of its members could lose their jobs. The court of appeal affirmed the denial of the Union’s motion. The Union’s interest in the case was speculative and consequential—not direct and immediate, as required for permissive intervention—and the prejudice to existing parties outweighed the reasons supporting intervention. Other parties can be counted upon to support the jobs issue. Unlike the Attorney General and the California Air Resources Board, which were permitted to intervene, the Union has no legal interest in the CEQA issues. Another intervening party would complicate the litigation. View "South Coast Air Quality Management District v. City of Los Angeles" on Justia Law