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CEQA Writ Simple: Fourth District Holds Trial Court Erred In Retaining Continuing Jurisdiction And Not Discharging Peremptory Writ That Ordered Only Set Aside Remedy Where Lead Agency’s Return Demonstrated Full Compliance
14 Aug 2023, 9:11 am by Arthur F. Coon
”  (Quoting POET, LLC v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fifth District Holds CEQA Action Challenging Individual DOGGR Oil Well Permits Not Barred By Res Judicata Based On Prior Judgment Rendered On Mootness/Ripeness Grounds
5 Jun 2017, 1:37 pm by Arthur F. Coon
Department of Conservation (Aera Energy, LLC, Real Party in Interest) (5th Dist. 2017) ___ Cal.App.5th ___ (Case No. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Holds Increased Enrollment-Related CEQA Challenges To UC Regents’ 2018 SEIR For Berkeley Campus Development And Minor LRDP Amendment Are Mooted By Superseding 2021 LRDP Update EIR And Passage Of SB 118
30 May 2023, 5:02 pm by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Third District Affirms Judgment Denying CEQA Writ Petition Challenging Sacramento County’s Approval of Mather South Community Master Plan, Issues Narrow Holding Rejecting Challenges to County’s GHG Thresholds Methodology In Partially Published Opinion
22 Sep 2023, 8:57 am by Arthur F. Coon
Tsakopoulos Investments, LLC v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Sixth District Holds Project’s Consistency with General Plan Is Not a CEQA Issue, Upholds Trial Court’s Interlocutory Remand for County Board to Clarify Consistency Findings, and Affirms Judgment Denying Writ Petition Alleging General Plan and CEQA Challenges to Shopping Center Project
31 Aug 2017, 12:38 pm by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Sixth District Holds Project’s Consistency with General Plan Is Not a CEQA Issue, Upholds Trial Court’s Interlocutory Remand for County Board to Clarify Consistency Findings, and Affirms Judgment Denying Writ Petition Alleging General Plan and CEQA Challenges to Shopping Center Project
31 Aug 2017, 12:38 pm by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District “Doubts” CEQA Operates In Reverse, Upholds Mitigated Negative Declaration For Urban Infill Project Despite Soil and Groundwater Contamination In Parker Shattuck Neighbors
3 Jan 2014, 2:11 pm by Arthur F. Coon
Berkeley City Council, et al (CityCentric Investments, LLC, et al, Real Parties in Interest), ____ Cal.App.4th ____, Case No. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Second District Holds CEQA Does Not Apply to San Luis Obispo County’s Issuance of Well Construction Permits Under Its Ministerial Governing Ordinance
30 Jul 2018, 10:24 am by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Third District Upholds Sustainable Communities Environmental Assessment (SCEA) Used Instead Of Traditional CEQA Document To Approve High-Rise, High-Density Mixed-Use Condo Housing Project In Sacramento’s Midtown
19 Jul 2019, 4:37 pm by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fourth District Rejects CEQA Challenge To San Diego’s Use of Existing Facilities Categorical Exemption For Mission Beach Amusement Park Lease Amendment and Extension
22 Jan 2019, 11:38 am by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Discovery Rule Does Not Postpone Accrual of CEQA Cause of Action; Events Specified In CEQA Statute of Limitations Provide Constructive Notice of Project Approval or Commencement
26 Jul 2016, 10:52 am by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
The New Range Wars: CEQA and the Williamson Act Are Deployed To Fight Global Warming Solutions In Save Panoche Valley
3 Jul 2013, 4:38 pm by Arthur F. Coon
., Solargen Energy DE, PV2 Energy, LLC, PF2 Energy Holdings, LLC, and Nevo Energy, Inc. [read post]
CEQA Developments - http://www.ceqadevelopments.com
CARB Violated CEQA and Writ in LCFS Litigation, Holds Fifth District, While Leaving New 2015 Regs in Effect
17 Apr 2017, 4:14 pm by Arthur F. Coon
  POET, LLC v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Remedial Legal Logic: Fifth District Doubles Down On Split with Other Districts in Holding CEQA Doesn’t Allow Limited Writ Remedy of Partial EIR Decertification – But Does It Really Matter?
29 Nov 2020, 8:08 pm by Arthur F. Coon
Resources Code, §§ 21100(a), 21151(a)) and “an EIR is either completed in compliance with CEQA or it is not so completed” (citing LandValue 77, LLC v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Third District Affirms Judgment Rejecting CEQA Challenges To EIR For Cordova Hills Master Planned Community Project
6 Mar 2020, 2:54 pm by Arthur F. Coon
County of Sacramento (Cordova Hills, LLC, et. al., Real Parties in Interest) (3d Dist. 2020) ___ Cal.App.5th ___. [read post]
CEQA Developments - http://www.ceqadevelopments.com
“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
(Orin 50 LLC, et al, Real Parties in Interest) (2019) ____ Cal.App.5th ____. [read post]
CEQA Developments - http://www.ceqadevelopments.com
The Past Year In CEQA Case Law: A Quick Look Back at 2017
8 Jan 2018, 4:31 pm by Arthur F. Coon
  (See 12/11/17 post; see also POET, LLC v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fourth District Rejects Coastal Act/CEQA-Based Challenges To Commission’s Certification of San Diego Port Plan Amendment As Time-Barred For Failure To Join Indispensable Parties Within Limitations Period
3 Oct 2019, 3:51 pm by Arthur F. Coon
  The amendment allows expansion of the San Diego Convention Center by the City of San Diego (City) and of the adjacent Hilton San Diego Bayfront hotel by One Park Boulevard, LLC (One Park). [read post]
CEQA Developments - http://www.ceqadevelopments.com
CEQA Wars: The Developer Strikes Back (In Federal Court)
19 Aug 2019, 1:31 pm by Arthur F. Coon
  Icon at Panorama, LLC v. [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
(Millennium Settlement Consulting/1850 North Cherokee, LLC et al., Real Parties in Interest) (2019) ___ Cal.App.5th ___. [read post]
CEQA Developments - http://www.ceqadevelopments.com