50 Cited authorities

  1. Cit. for Resp. Growth v. City

    40 Cal.4th 412 (Cal. 2007)   Cited 411 times   16 Legal Analyses
    Concluding “we determine de novo whether the agency has employed the correct procedures” in a case where appellant sought writ under both sections
  2. Western States Petroleum Assn. v. Superior Court (Air Resources Board)

    9 Cal.4th 559 (Cal. 1995)   Cited 589 times   2 Legal Analyses
    Holding that it would be improper to take judicial notice of evidence that was both absent from the administrative record and not before the agency at the time of its decision because such evidence is not relevant
  3. Committee for Green Foothills v. Santa Clara County Bd. of Supervisors

    48 Cal.4th 32 (Cal. 2010)   Cited 328 times   15 Legal Analyses
    Finding trails agreement not separate agreement but subsequent activity encompassed in original project
  4. Laurel Heights Improvement Assn. v. Regents of University of California

    47 Cal.3d 376 (Cal. 1988)   Cited 628 times   24 Legal Analyses
    Holding that an EIR must include an analysis of the environmental effects of future expansion if it is a reasonably foreseeable consequence of the initial project and the future expansion will be significant in that it will likely change the scope or nature of the initial project or its environmental effects
  5. Citizens of Goleta Valley v. Board of Supervisors

    52 Cal.3d 553 (Cal. 1990)   Cited 290 times   7 Legal Analyses
    Holding that failure to make a timely comment does not excuse the lead agency from providing substantial evidence to fulfill its duty to identify and discuss project alternatives
  6. In re Bay-Delta Programmatic Envtl. Impact Report Coordinated Proceedings

    43 Cal.4th 1143 (Cal. 2008)   Cited 166 times   13 Legal Analyses
    Explaining that “an EIR should not exclude an alternative from detailed consideration merely because it ‘would impede to some degree the attainment of the project objectives' ” unless it is otherwise infeasible or the lead agency has determined that it cannot meet the project's underlying fundamental purpose (quoting Guidelines § 1516.6(b))
  7. Bakersfield Citizens for Local Control v. City of Bakersfield

    124 Cal.App.4th 1184 (Cal. Ct. App. 2004)   Cited 173 times   14 Legal Analyses
    In Bakersfield, the real parties in interest were private developers of two shopping mall projects, and the plaintiff challenged the city's project approvals based on inadequacy of the EIRs. (Id. at pp. 1194-1195.)
  8. Berkeley Hillside Pres. v. City of Berkeley

    60 Cal.4th 1086 (Cal. 2015)   Cited 126 times   34 Legal Analyses
    Remanding for reconsideration in light of clarified legal principles
  9. Communities for a Better Environment v. South Coast Air Quality Management District

    48 Cal.4th 310 (Cal. 2010)   Cited 137 times   26 Legal Analyses
    Concluding the doctrine of vested rights did not limit the agency's ability to establish an analytical baseline for a new project based on existing conditions, rather than prior permit standards
  10. Neighbors for Smart Rail v. Exposition Metro Line Construction Authority

    57 Cal.4th 439 (Cal. 2013)   Cited 113 times   32 Legal Analyses
    Holding that “[w]hile an agency has the discretion under some circumstances to omit environmental analysis of impacts on existing conditions and instead use only a baseline of projected future conditions, existing conditions ‘will normally constitute the baseline physical conditions by which a lead agency determines whether an impact is significant’ ”
  11. Rule 8.200 - Briefs by parties and amici curiae

    Cal. R. 8.200   Cited 727 times

    (a)Parties' briefs (1) Each appellant must serve and file an appellant's opening brief. (2) Each respondent must serve and file a respondent's brief. (3) Each appellant may serve and file a reply brief. (4) No other brief may be filed except with the permission of the presiding justice, unless it qualifies under (b) or (c)(7). (5) Instead of filing a brief, or as part of its brief, a party may join in or adopt by reference all or part of a brief in the same or a related appeal. (Subd (a) amended