Section 15378 - Project

3 Citing briefs

  1. TUOLUMNE JOBS & SMALL BUSINESS ALLIANCE v. S.C.

    Petitioner’s Answer Brief on the Merits

    Filed April 16, 2013

    Slip Op. at 26. Thus, holding CEQA applies to the Council’s decision to adopt the Initiative does not invalidate Elections Code §9214 as the election option is expressly exempt from CEQA per Guideline §15378(b)(3). Rather, at most, timing restraints may limit an agency’s ability to adopt the initiative as its own under §9214(a) and force the agency to hold an election to allow the citizens to decide the issue pursuant to §9214(b).

  2. FRIENDS OF THE EEL RIVER v. NORTH COAST RAILROAD AUTHORITY (NORTHWESTERN PACIFIC RAILROAD COMPANY)

    Appellants, Californians for Alternatives to Toxics and Friends of Eel River, Response to Amicus Curiae Brief

    Filed August 27, 2015

    Relevant here, discretionary projects subject to CEQA include “actions undertaken by any public agency including but not limited to public works construction” and publicly- financedactivities. Cal. Code Regs., tit. 14, § 15378(a)(1), (2). Thus, CEQAoperates only in conjunction with discretionary agency actions to pursuethe state’s proprietary interests, including NCRA’s discretionary actionsto lease therail line, fund line repair and rehabilitation, and carry out its project. See Agency:7-8 (stating same).

  3. TUOLUMNE JOBS & SMALL BUSINESS ALLIANCE v. S.C.

    Real Party in Interest, City of Sonora, Notice of Intent to Rely on Court of Appeal Brief

    Filed March 14, 2013

    The CEQA guidelines specifically exemptinitiatives from environmental review,and attempts to subject voter-sponsored initiatives to the CEQA process havefailed. Cal. Code Regs., tit. 14, § 15378; subd: (b)(4); Northwood Homes,Inc., v. Town ofMoraga (1989) 216 Cal. App. 3rd_ 1197, 1206-07 (“When the electorate undertakes to exercise the reserved legislative power, the city has no discretion and acts as theagent for the electorate. In such event, the enactmentofthe initiative measure is excluded from CEQA compliance.