California Supreme Court Civil Issues Pending: Environmental
[UPDATED THROUGH FEBRUARY 27, 2013]
What Are the Procedures for a Petition to Delist a Species Under the California Endangered Species Act? The Court limited review to the following issues: (1) Under the California Endangered Species Act, Fish and Game Code § 2050 et seq., may the Fish and Game Commission consider a petition to delist a species on the ground that the original listing was in error? (2) If so, does the petition at issue here contain sufficient information to warrant the Commission's further consideration? Central Coast Forest Assn. v. Fish & Game Com., S208181 (opinion below C060569, formerly 211 Cal.App.4th 1433). The Court granted review on 2/27/13.
Does a City Have to Comply with CEQA When Implementing a Voter-Sponsored Initiative Adopted Without Election? After the Court of Appeal granted a petition for peremptory writ of mandate, creating a split in authority, the Court granted review on the following issues: (1) Must a city comply with the California Environmental Quality Act [CEQA] (Pub. Resources Code, § 21000 et seq.) before adopting an ordinance enacting a voter-sponsored initiative pursuant to Elections Code § 9214(a)? (2) Is the adoption of an ordinance enacting a voter-sponsored initiative under Elections Code § 9214(a), a “ministerial project” exempt from CEQA pursuant to Public Resources Code § 21080(b)(1)? Tuolumne Jobs & Small Business Alliance v. Superior Court, S207173 (opinion below F063849, formerly 210 Cal.App.4th 1006). Review was granted 2/13/13.
Was a Proposed Project Properly Exempted from the California Environmental Quality Act? Did the City of Berkeley properly conclude that a proposed project was exempt from the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) under the categorical exemptions set forth in California Code of Regulations, title 14, §§ 15303(a) and 15332, and that the “Significant Effects Exception” set forth in § 15300.2(c), of the regulations did not operate to remove the project from the scope of those categorical exemptions? Berkeley Hillside Preservation v. City of Berkeley, S201116 (opinion below A131254, formerly 203 Cal.App.4th 656, as modified). Review was granted 5/23/12.
Does a Failed Request for Funds Satisfy a State Agency’s Duty To Mitigate Off-Site Impacts? Does a state agency that may have an obligation to make “fair-share” payments for the mitigation of off-site impacts of a proposed project satisfy its duty to mitigate under the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) by stating that it has sought funding from the Legislature to pay for such mitigation and that, if the requested funds are not appropriated, it may proceed with the project on the ground that mitigation is infeasible? City of San Diego v. Trustees of the California State University, S199557 (opinion below D057446, formerly 201 Cal.App.4th 1134). Review granted 4/18/12. Update 10/17/12: Review is granted in City of Hayward v. Trustees of California State University, S203939 (opinion below A131412 (lead case), as modified, formerly 207 Cal.App.4th 446), with briefing deferred pending the resolution of City of San Diego.
