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“ROG Won: A CEQA Wars Story” – Third District Holds Geothermal Energy Project EIR’s Rejection Of Proposed Mitigation Measures For Significant ROG Fugitive Emissions Impact Violated CEQA Where No Substantial Evidence Showed Measures’ Infeasibility
3 Jan 2020, 3:29 pm by Arthur F. Coon
Regents of University of California (1988) 47 Cal.3d 376, 413, 418; Sacramento Old City Assn. v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Third District Holds CEQA Does Not Authorize “Remedy” of “Limited EIR” To Augment Deficient MND; Rather, Full EIR Must Be Prepared Where Substantial Evidence Supports Fair Argument That Any Aspect Of Project May Have Significant Environmental Effect
8 Nov 2021, 9:43 am by Arthur F. Coon
Regents of University of California (1993) 6 Cal.4th 1112, 1123.) [read post]
CEQA Developments - http://www.ceqadevelopments.com
Third District Rejects CEQA Challenges To Chico Walmart Expansion Project EIR’s Urban Decay Analysis And City’s Statement Of Overriding Considerations
9 Oct 2019, 12:59 pm by Arthur F. Coon
Regents of University of California (1988) 47 Cal.3d 376, 405.) [read post]
CEQA Developments - http://www.ceqadevelopments.com
“Baseline” Basics: Second District Rejects CEQA Challenge To Hollywood Hotel Project MND Alleging Unanalyzed Human/Housing Displacement Impacts Because Plaintiffs Relied On Incorrect Environmental Baseline
29 Jul 2019, 4:47 pm by Arthur F. Coon
Regents of University of California (1988) 47 Cal.3d 376, 396; Arviv Enterprises, Inc. v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Sixth District Rejects “Piecemealing” and Other CEQA Challenges to Ordinances Enacted Pursuant to Santa Cruz County’s Zoning Modernization Effort
4 Apr 2017, 9:17 am by Arthur F. Coon
Regents of University of California (1988) 47 Cal.3d 376, 395.) [read post]
CEQA Developments - http://www.ceqadevelopments.com
Connecting The CEQA Dots? Supreme Court Holds Friant Ranch Project EIR’s Air Quality Impacts Discussion Insufficiently Relates Pollutant Data To Specific Adverse Human Health Effects
28 Dec 2018, 4:14 pm by Arthur F. Coon
Regents of University of California (1988) 47 Cal.3d 376, 405 (“Laurel Heights I”)); and (2) “make[ ] a reasonable effort to substantively connect a project’s air quality impacts to likely health consequences. [read post]
CEQA Developments - http://www.ceqadevelopments.com
2014 CEQA 2nd QUARTER REVIEW
9 Jul 2014, 9:34 am by Abbott & Kindermann
 By William W. [read post]
Abbott & Kindermann Land Use Law Blog - http://blog.aklandlaw.com/
First District Affirms Judgment Rejecting All CEQA Challenges To Oakland A’s Ballpark Development EIR Except Improper Deferral of Wind Impacts Mitigation
11 Apr 2023, 8:52 am by Arthur F. Coon
County of Fresno (2018) 6 Cal.5th 502, 512.) [read post]
CEQA Developments - http://www.ceqadevelopments.com
CARB Violated CEQA In Adopting GHG Regulations, But Fifth District Holds Regulations May Remain Operative Pending Compliance
23 Jul 2013, 2:03 pm by Arthur F. Coon
Regents of Univ. of Cal. (1998) [sic; 1988] 47 Cal.3d 376, 394.) [read post]
CEQA Developments - http://www.ceqadevelopments.com
Third District Holds CEQA Does Not Require Recirculation Based On Staff-Recommended Alternative Raised After Preparation of Final EIR
15 Nov 2013, 11:53 am by Arthur F. Coon
Regents of University of California (1993) 6 Cal.4th 1112, 1132.) [read post]
CEQA Developments - http://www.ceqadevelopments.com
Proposed CEQA Guidelines Amendments: A Critique Of OPR’s “Preliminary Discussion Draft” (Part I – Proposed “Efficiency Improvements”)
18 Sep 2015, 4:54 pm by Arthur F. Coon
On August 11, 2015, the Governor’s Office of Planning and Research (OPR) released a 145-page “Preliminary Discussion Draft” of “Proposed Updates to the CEQA Guidelines” (the “Discussion Draft”). [read post]
CEQA Developments - http://www.ceqadevelopments.com
Tentative Map Approval Is CEQA “Project”, Holds Third District In Published Opinion Also Addressing Prejudicial Error, Agency Discretion To Adopt Thresholds Of Significance, Deferred Mitigation, And Other Significant CEQA Issues
15 Sep 2014, 10:09 am by Arthur F. Coon
Solano County Airport Land Use Com. (2007) 41 Cal.4th 372, 381, emph. added.) [read post]
CEQA Developments - http://www.ceqadevelopments.com
“Growing Pains”: First District Holds Program EIR for San Francisco’s General Plan Housing Element Amendment Complies with CEQA
27 Aug 2018, 4:37 pm by Arthur F. Coon
Exposition Metro Construction Line Authority (2013) 57 Cal.4th 439, 451 – 452, 457.) [read post]
CEQA Developments - http://www.ceqadevelopments.com
Sacramento Residential Infill Project EIR Violated CEQA By Basing Less-Than-Significant Traffic Impact Finding Solely On Compliance With General Plan Policy Allowing LOS F
10 Nov 2016, 8:58 am by Arthur F. Coon
Regents of University of California (1988) 47 Cal.3d 376, 393, citations and internal quotations omitted.) [read post]
CEQA Developments - http://www.ceqadevelopments.com
To Be or Not to Be an Adverse Employment Action – What is Paid Administrative Leave?
11 Aug 2022, 10:48 am by Stephanie Lowe, Brett A. Overby and Peter J. Brown
This post appeared in November 2017. [read post]
California Public Agency Labor and Employment Blog - http://www.calpublicagencylaboremploymentblog.com
Second District Rejects CEQA And Fair Transit Hearing Challenges To LA Metro’s Westside Subway Extension Project In Lengthy Published Opinion
3 Nov 2015, 5:04 pm by Arthur F. Coon
Regents of University of California (1993) 6 Cal.4th 1112, 1129.) [read post]
CEQA Developments - http://www.ceqadevelopments.com
Third District Holds Plumas County General Plan Update EIR Complies With CEQA And Update’s Compatible Use Determinations Do Not Violate Timberland Act
27 Nov 2018, 12:27 pm by Arthur F. Coon
Regents of University of California (1988 [read post]
CEQA Developments - http://www.ceqadevelopments.com
CEQA Mixed-Use “Mix and Match” Upheld: Second District Holds Stable Project Description Requirement Does Not Mean Ultimately Approved Version of Revised Mixed Use Project Must Match An Alternative Analyzed In EIR, And New Project Alternative Added to FEIR Does Not Require Recirculation
7 Jul 2022, 11:22 am by Arthur F. Coon
On March 7, 2022, the Second District Court of Appeal (Div. 4) filed its published opinion in Southwest Regional Council of Carpenters, et al. v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Third District Rejects CEQA and Other Challenges to Department of Water Resources’ EIR for Amendments Extending Long-Term State Water Project Supply Contracts Through 2085
8 Jan 2024, 11:50 am by Arthur F. Coon
South Coast Air Quality Management Dist. (2010) 48 Cal.4th 310, 320, 323), the Court observed that for projects involving ongoing operations and continuations of past activity, “the established levels of a particular use and the physical impacts thereof are considered to be part of the existing environmental baseline. [read post]
CEQA Developments - http://www.ceqadevelopments.com