I. OVERVIEW OF CEQA DEVELOPMENTS IN 2019
A. The Supreme Court decision in August 2019 in Union of Medical Marijuana Patients held that all zoning changes are not automatically CEQA “projects;” they must still meet the statutory standard of an activity with direct impact or reasonably foreseeable indirect impact.
B. Together with the late 2018 decision on Sierra Club v. County of Fresno, on air quality analysis and EIR standard of review issues, the issuance of the Union of Medical Marijuana Patients decision cleared the backlog of CEQA cases at the Supreme Court.
C. Protecting Our Water & Environmental Resources v. Stanislaus County, regarding whether well permits are ministerial or discretionary, is still pending. In December 2019, the Supreme Court granted review in County of Butte v. Department of Water Resources, regarding whether the Federal Power Act preempts CEQA as it may apply to state hydropower licensing actions, so there are now two CEQA cases pending at the state’s highest court.
D. There were 15 decisions from the various Courts of Appeal, a lower pace in than in prior years (there were 17 decisions, but two were depublished). One of the key decisions was McCorkle Eastside Neighborhood Group that design review did not include discretion over environmental impact issues, so city had no discretion and CEQA not triggered.
E. The Legislature enacted a number of bills in 2019, mostly exemptions relating to the housing and homeless crises.
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