California Supreme Court Watch

#24-260 Sunflower Alliance v. Department of Conservation, S287414.  (A167698; 104 Cal.App.5th 1135, mod. 105 Cal.App.5th 771; Contra Costa County Superior Court; N221503.)  Petition for review after the Court of Appeal reversed the judgment in a civil action and remanded for further proceedings.  The court limited review to the following issues:  (1) May an agency claim a categorical exemption from environmental review under CEQA while also adopting conditions of approval relating to potential environmental effects?  (2) Does the term “negligible” in the California Environmental Quality Act’s Class 1 existing facilities exemption (Cal. Code Regs., tit. 14, § 15301) pertain to a negligible change in use or to a change that presents a negligible risk of environmental harm?

Petition for review granted; issues limited: 12/18/2024

See the Court of Appeal Opinion.