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A “Fare” Shake? Ninth Circuit Affirms Judgment On the Pleadings for San Francisco In Removed Action Challenging SFMTA’s 2018 Taxi Regulations, Remands for Consideration of Whether to Grant Plaintiffs Leave to Amend CEQA Claim
11 Nov 2020, 8:52 pm by Arthur F. Coon
Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
California Supreme Court Holds “CEQA-In-Reverse” Is Not The Norm, Reverses And Remands First District’s Judgment In CBIA v. BAAQMD
18 Dec 2015, 9:45 am by Arthur F. Coon
Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
2020 CEQA Legislative Developments
13 Dec 2020, 6:10 pm by Arthur F. Coon
  Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
OPR Releases Revised Proposed CEQA Guidelines Amendment To Implement SB 743 Traffic Analysis Mandates
1 Feb 2016, 2:46 pm by Arthur F. Coon
Further, “[f]or many projects, a qualitative analysis of construction traffic may be appropriate. [read post]
CEQA Developments - http://www.ceqadevelopments.com
CEQA Does Not Require City’s General Plan Update EIR to Address Urban Decay Based on Broker’s Speculative Opinion Concerning Effects of Commercial Tenant Square Footage Cap
5 Feb 2018, 2:41 pm by Arthur F. Coon
Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
No Room At the Table:  Second District Upholds Denial of Intervention in CEQA/Coastal Act Litigation Where Nonparties Failed to Make “Compelling Showing of Inadequate Representation”.
15 May 2023, 11:09 am by Arthur F. Coon
(Citing Callahan, 42 F.4th at 1021.) [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Addresses Significant CEQA Issues Relating to Wildfire Risk, GHG Emissions, and Water Supply Impacts in Lake County Resort Development Case
16 Dec 2024, 9:16 am by Arthur F. Coon and Matthew C. Henderson
  (As a matter of disclosure, Respondent County of Lake was represented in the trial and appellate proceedings in this case by this post’s authors, Miller Starr Regalia attorneys Arthur Coon and Matthew Henderson.) [read post]
CEQA Developments - http://www.ceqadevelopments.com
Executive Order B-30-15 And CEQA GHG Analysis: Evolving Uncertainty At The Intersection Of Law, Policy And Science
5 May 2015, 5:03 pm by Arthur F. Coon
I recall that Mike Zischke, co-author of CEB’s excellent CEQA treatise, used to be fond of saying the “normal” or “usual rules” for analyzing cumulative impacts should apply to analysis of a project’s greenhouse gas (GHG) emissions under CEQA. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fourth District Holds Agency’s Removal of Conservation Designation From Land Formerly Protected Under MSHCP Is “Project” Subject to CEQA; Class 7 and 8 Categorical Exemptions for Environmentally Protective Regulatory Actions Do Not Apply
2 Jul 2015, 1:35 pm by Arthur F. Coon
In a 47-page published decision filed June 17, 2015, the Fourth District Court of Appeal reversed the trial court’s judgment denying a writ petition, and held that Respondent Western Riverside County Regional Conservation Authority (“Agency”) must comply with CEQA before “refining” its Multiple Species Habitat Conservation Plan (“MSHCP”) to exclude a 200-acre parcel of ranch land owned by Anheuser-Busch, LLC (“Busch”) from its protections against… [read post]
CEQA Developments - http://www.ceqadevelopments.com
Proposed CEQA Guidelines Amendments: A Critique of OPR’s “Preliminary Discussion Draft” (Part II – Proposed “Substance” and Major “Technical Improvements”)
5 Oct 2015, 11:11 am by Arthur F. Coon
(Guidance on information that may be included in such an analysis is presented in Appendix F.) [read post]
CEQA Developments - http://www.ceqadevelopments.com
“CEQA-In-Reverse” Case on Remand: First District Holds BAAQMD’s 2010 Air Pollutant Thresholds Not Facially Invalid, But Can’t Be Used For Primarily Intended Purpose
18 Aug 2016, 8:22 am by Arthur F. Coon
Resources Code, §§ 21159.21(f), 21159.22(b)(3), 21159.23(a)(2)(A), 21159.24(a)(1), (3), 21155.1(a)(4)(B)) also constitute “exceptions to the general rule that CEQA [does] not require an evaluation of existing hazards on future users of a proposed project. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Supreme Court Holds Stanislaus County Well Permit Decisions Under State Standards Are Neither Categorically Ministerial Nor Categorically Discretionary In Nature; Rather, Whether CEQA-Triggering Discretion Exists Must Be Determined On Case-By-Case Basis
28 Aug 2020, 12:25 pm by Arthur F. Coon
(providing that “[i]f possible, a well should be located outside areas of flooding”; and 9 (requiring a well’s “annular space” be “effectively sealed” and establishing minimum subface seal depths). [read post]
CEQA Developments - http://www.ceqadevelopments.com
Let’s Get Regional: Third District Holds Olympic Valley Resort Project EIR’s Environmental Setting Description and Analysis Violated CEQA’s Requirement To Place Special Emphasis On Unique Regional Environmental Resources By Failing To Sufficiently Consider Lake Tahoe
4 Oct 2021, 11:00 am by Arthur F. Coon
  And although the [F]EIR at least offered some figures about current and anticipated VMT around Lake Tahoe, it never clearly explained how all of these figures related to the Lake. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Delay Denied: First District Affirms Trial Court’s Denial of Seventh ADA Continuance Request Made In CEQA Case Under California Rules of Court, Rule 1.100, Due To Burden On Trial Court’s Docket Management And Excessive Delay Contrary To Fundamental Nature of Expedited CEQA Proceeding
28 Oct 2024, 11:13 am by Matthew C. Henderson and Arthur F. Coon
”  (CRC, rule 1.100(f).) [read post]
CEQA Developments - http://www.ceqadevelopments.com
Second District Upholds Application of CEQA’s Class 3 Categorical Exemption For New Small Structures To City’s Approval of Small Car Wash/Coffee Shop Project, Rejects Appellants’ Attempt To Invoke Unusual Circumstances Exception
27 Jul 2016, 11:55 am by Arthur F. Coon
Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fourth District Holds CEQA Challenge To Ministerial Approval Of Development Project Modifications Barred By Res Judicata, Water Supply Assessment Not Required
1 Oct 2018, 2:28 pm by Arthur F. Coon
Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Rejects CEQA Challenge To City of Napa’s Reliance On Prior General Plan EIR For Housing Element Update Project
18 Nov 2013, 11:18 am by Arthur F. Coon
  Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
2020: A Look Back at the Year’s CEQA Case Law
18 Jan 2021, 7:58 pm by Arthur F. Coon
  Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fatal “Exhaustion”: Fifth District Holds CEQA’s Statute of Limitations Ran Out On Plaintiff’s Claim While Plaintiff Thought It Was Still In Process Of Exhausting Administrative Remedies
10 Jan 2023, 3:28 pm by Matthew C. Henderson and Arthur F. Coon
As all CEQA practitioners know, a prospective petitioner in a writ proceeding challenging a CEQA determination must first exhaust available administrative remedies as a prerequisite to filing suit. [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
  Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com