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28 Dec 2018, 4:14 pm
In a unanimous 33-page opinion authored by Justice Ming Chin and issued on December 24, 2018, the California Supreme Court addressed the standard of review for claims challenging the legal sufficiency of an EIR’s discussion of environmental impacts, and also CEQA’s rules regarding deferral and adequacy of mitigation measures. [read post]
26 Dec 2018, 2:44 pm
Coon of Miller Starr Regalia. [read post]
18 Dec 2018, 5:24 pm
In a published opinion filed December 17, 2018, the Third District Court of Appeal affirmed a judgment granting a writ setting aside El Dorado County’s approval of, and related Mitigated Negative Declaration (MND) for, construction of a Dollar General Store in the “quaint” downtown area of unincorporated Georgetown, a Gold Rush-era “hamlet” designated as a State Historical Landmark. [read post]
11 Dec 2018, 5:46 pm
Coon of Miller Starr Regalia. [read post]
3 Dec 2018, 4:08 pm
“What’s in a name? [read post]
27 Nov 2018, 12:27 pm
In an opinion filed October 19, and later ordered published on November 15, 2018, the Third District Court of Appeal affirmed a judgment upholding Plumas County’s First comprehensive update of its 1984 general plan, and rejecting arguments that the update violated the California Timberland Productivity Act of 1982 (the “Timberland Act” or “Act”) and that the related EIR violated CEQA. [read post]
5 Nov 2018, 2:04 pm
The Fourth District Court of Appeal (Div. 1) held in a published opinion filed October 24, 2018, that CEQA Guidelines § 15164 validly establishes an addendum process that is consistent with the CEQA statute, implementing and filling gaps in Public Resources Code § 21166. [read post]
24 Oct 2018, 3:45 pm
Coon of Miller Starr Regalia. [read post]
8 Oct 2018, 2:20 pm
Coon of Miller Starr Regalia. [read post]
1 Oct 2018, 2:28 pm
Coon of Miller Starr Regalia. [read post]
28 Sep 2018, 4:26 pm
Coon of Miller Starr Regalia. [read post]
27 Sep 2018, 4:49 am
Plaintiffs often allege “professional negligence” in claims against brokers, insurance agents, financial planners, architects and others. [read post]
19 Sep 2018, 12:40 pm
Coon of Miller Starr Regalia. [read post]
12 Sep 2018, 1:52 pm
Coon of Miller Starr Regalia. [read post]
7 Sep 2018, 1:15 pm
In a lengthy published opinion filed August 23, 2018, the Second District Court of Appeal reversed the trial court’s judgment, and upheld the City of Los Angeles’ addendum to a prior project-level EIR for a Target Superstore as legally sufficient CEQA compliance for a revised plan-level project which amended a specific plan so as to authorize that same development. [read post]
5 Sep 2018, 8:04 am
In the first case, Starr Surplus Lines Insurance Co. v. [read post]
27 Aug 2018, 4:37 pm
In a lengthy published opinion filed on August 22, 2018, the First District Court of Appeal (Div. 4) affirmed the trial court’s judgment rejecting various CEQA challenges to the City of San Francisco’s (“City”) Program EIR analyzing the environmental impacts of its 2009 General Plan Housing Element, which it adopted on June 29, 2011. [read post]
24 Aug 2018, 1:18 pm
After a suicide bombing that left them severely injured, the contractors were notified that their insurance benefits had been dramatically cut. [read post]
20 Aug 2018, 11:14 am
In an opinion filed July 16, and belatedly ordered published on August 9, 2018, the First District Court of Appeal (Division 5) affirmed the trial court’s judgment setting aside the City of Fremont’s approvals of a mixed residential/retail project (“Project”) and related Mitigated Negative Declaration (“MND”), and ordering preparation of an EIR based on the Project’s potentially significant aesthetic and traffic impacts on the Niles historical district. [read post]
1 Aug 2018, 3:39 pm
In an opinion filed June 28, and later ordered modified and published on July 27, 2018, the Second District Court of Appeal (Div. 6) affirmed the trial court’s $21,160.46 cost award in favor of a prevailing party public agency for costs associated with preparing the administrative record in a CEQA case, despite petitioner’s election to prepare the record, where the petitioner had unreasonably delayed and the agency acted reasonably. [read post]
