Justia California Court of Appeals Opinion Summaries

In 2012, Westlands Water District and its related distribution districts entered into two-year, interim renewal contracts with the United States Bureau of Reclamation relating to the Bureau’s ongoing provision of Central Valley Project (CVP) water to the Water Districts. When Water Districts approved the interim renewal contracts, they made specific findings that the renewals were exempt from the California Environmental Quality Act. Accordingly, the Water Districts did not undertake their own environmental review prior to such approvals. Thereafter, North Coast Rivers Alliance, Friends of the River, Save the American River Association, the California Sportfishing Protection Alliance and the Winnemem Wintu Tribe all filed a petition for writ of mandate, contending that the interim renewal contracts were not exempt from CEQA and that the Water Districts should have undertaken a full environmental review. The trial court disagreed and denied the petition for writ of mandate. Petitioners appealed the judgment of dismissal. Upon review of the record, the Court of Appeal concluded that the matters contemplated in the interim renewal contracts were exempt from CEQA, including under the statutory exemption for ongoing pre-CEQA projects, and the categorical exemption for the continued operation of existing facilities at the same level of use. Therefore, the Court affirmed the superior court judgment. View "North Coast Rivers Alliance v. Westlands Water Dist." on Justia Law

The eighth addendum to a 1997 environmental impact report for San Jose’s International Airport Master Plan concerns the environmental impacts of recent amendments to the Airport Master Plan, which include changes to the size and location of future air cargo facilities, replacement of air cargo facilities with 44 acres of general aviation facilities, and modification of two taxiways to provide better access for corporate jets. The trial court rejected a challenge under the California Environmental Quality Act, Public Resources Code 21000, which claimed that the amendments constituted a new project and that the changes are substantial and require major revisions to the EIR with respect to noise, greenhouse gas emissions, toxic air contaminants, and the burrowing owl habitat. The appeals court affirmed, finding substantial evidence showing that the master Plan amendments addressed in the eighth addendum will not result in any new significant impacts on noise, air quality, and the burrowing owl habitat that are substantially different from those described in the 1997 EIR and the 2003 supplemental EIR. The city did not violate sCEQA Guidelines by failing to analyze greenhouse gas emissions in the eighth addendum. View "Citizens Against Airport Pollution v. City of San Jose" on Justia Law