The following is our summary of the Supreme Court’s actions on petitions for review in civil cases from the Court’s conference on Wednesday, January 11, 2017. The summary includes those civil cases in which (1) review has been granted, (2) review has been denied but one or more justices has voted for review, or (3) the Court has ordered depublished an opinion of the Court of Appeal.

Review Granted

Union of Medical Marijuana Patients, Inc. v. City of San Diego (California Coastal Commission), S238563 – Review Granted – January 11, 2017

In a published opinion, Union of Medical Marijuana Patients, Inc. v. City of San Diego (2016) 4 Cal.App.5th 103, the Court of Appeal, Fourth District, Division One, held that a zoning ordinance regulating the number and location of medical marijuana dispensaries was not a “project” subject to the requirements of the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.), and therefore the city was not required to conduct an environmental analysis prior to enacting the ordinance.

This case presents the following questions: (1) Is the enactment of a zoning ordinance categorically a “project” within the meaning of CEQA?  (2) Is the enactment of a zoning ordinance allowing the operation of medical marijuana cooperatives in certain areas the type of activity that may cause a reasonably foreseeable indirect physical change to the environment?

Review Denied (with dissenting justices)

None.

Depublished

None.