Attorneys from Renne Public Law Group (RPLG) and Stoel Rives secured a significant victory for local agency efforts to combat wildfire risks.
The Superior Court of California, County of Contra Costa, ruled in favor of the Moraga-Orinda Fire District (District) in a legal challenge brought by Orinda residents. The petitioners sought to overturn the District’s Fuel Break Ordinance, arguing that it required additional environmental review under the California Environmental Quality Act (CEQA).
In its decision, the Court upheld the District’s determination that the Ordinance is exempt from CEQA under categorical exemptions for regulatory actions protecting natural resources and the environment, as well as the statutory emergency exemption. The Court found substantial evidence supporting the District’s position that the Ordinance is necessary to reduce wildfire risks and protect public safety and the environment.
Adopted in September 2023, the Fuel Break Ordinance requires property owners within the District to manage vegetation to reduce fire intensity and spread. The Ordinance builds on previous regulations related to parcels over one-acre, increasing the required perimeter fuel break width from 30 feet to 100 feet. The Court noted that the Ordinance includes provisions to address environmental concerns, such as a modification process for properties with sensitive habitats.
Judge Edward G. Weil emphasized that the District’s decision was consistent with CEQA exemptions and supported by substantial evidence, including expert opinions and technical data on wildfire risks. The ruling affirms the District’s proactive approach to wildfire prevention in a region identified as highly vulnerable to fire hazards.
RPLG Partner Rubin Cruse said, “This decision reinforces the ability of local agencies to protect lives, property and natural resources in the face of increasing wildfire threats.”
The decision is Sandia Pearson, et al. v. Moraga-Orinda Fire District, Case No. N23-2201, Superior Court of California, Contra Costa County.
The attorneys were RPLG Founding Partner Jon Holtzman, Cruse and Senior Associate Anastasia Bondarchuk, and Stoel Rives Partner Kathryn Oehlschlager and Associate Sam Bacal-Graves.
RPLG practices throughout California, advising and advocating for public agencies, nonprofit entities, individuals and private entities in need of effective, responsive and creative legal solutions.