Remy, Thomas, Moose and Manley LLP is a law partnership focusing on land use and environmental law since 1982.

Jim Moose and Amy Higuera successfully defended the EIR prepared for the City of Stockton 2035 General Plan against a challenge brought by Morada Area Association. Petitioners challenged the adequacy of the EIR’s analysis of water supply impacts, arguing that the City had inaccurately described the groundwater aquifer that would be impacted by growth allowed under the 2035 General Plan. The superior court relied on O.W.L Foundation v. City of Rohnert Park (2008) 168 Cal.App.4th 568 to find that the City properly exercised its discretion in determining the geographic boundaries of the affected groundwater subbasin. The court further held that the City was not required to discuss alternative water sources under Vineyard Area Citizens for Responsible Growth v. City of Rancho Cordova (2007) 40 Cal.4th 412 because the record contained sufficient evidence from which the City could reasonably conclude that the designated water supply sources identified in the EIR were firm and reliable. (Morada Area Association. v. City of Stockton, et al. (January 4, 2010, Case No. CV034405).)

Jim Moose and Laura Harris successfully defended the Castaic Lake Water Agency and prosecuted a cross-appeal in a challenge brought by the Planning and Conservation League and California Water Impact Network against Castaic’s EIR for the transfer of 41,000 acre-feet of water to Castaic from two other water agencies. The Court of Appeal ruled that Castaic was the proper lead agency, and the EIR contained an adequate analysis of the transfer in light of the uncertainties regarding the outcome of a separate analysis concerning the operation of the State Water Project, from whence the 41,000 acre-feet derived. The fate of the allocation of water from the State Water Project, and of this particular water transfer, has been the subject of much litigation and multiple published opinions. (Planning and Conservation League et al. v. Castaic Lake Water Agency et al. (December 19, 2009, Case No. B200673).)

On January 29, 2010, Mr. Moose will participate on the "CEQA Update" Panel at the Land Use Law and Planning Conference of the UCLA Extension. The conference will be held at the Millennium Biltmore Hotel in Los Angeles. Mr. Moose will also co-teach a session on "CEQA Update, Issues and Trends" at the UC Davis Extension on February 25, 2010. On June 10th, Mr. Moose will teach a class on "California Water Projects and Urban Water Supplies" through the UC Davis Extension.

Whit Manley, Tiffany Wright, and Chris Butcher successfully defended the Santa Barbara Association of Governments (SBCAG) in a challenge alleging that SBCAG failed to comply with CEQA when SBCAG determined that its transportation sales tax measure was not a project subject to CEQA. The Court of Appeal upheld SBCAG’s determination, finding that SBCAG’s statutory obligation to list potential projects to receive funding through the sales tax measure did not turn the funding mechanism into a project pursuant to CEQA. (Sustainable Transportation Advocates of Santa Barbara v. Santa Barbara County Association of Governments (filed Oct. 14, 2009, pub. order Nov. 10, 2009, Case No. B212524).)

Jim Moose and Amy Higuera successfully defended the City of Santa Cruz in a challenge brought by California Native Plant Society and a local citizens group against the City’s EIR for a public greenbelt master plan. The Court of Appeal upheld the City’s alternatives analysis and found substantial evidence supported the City’s determination that all project alternatives were infeasible. (California Native Plant Society et al. v. City of Santa Cruz (2009) 177 Cal.App.4th 957.)