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4 Oct 2021, 11:00 am
, everyone – no matter how famous or well-known – deserves to have a thorough and proper introduction, and this CEQA principle applies with even greater force as the “guest’s” stature increases. [read post]
15 Aug 2016, 10:51 am
The statute’s last sentence, however, expressly permits a lead agency to determine that a resource is a historical resource even when it is neither deemed (as a mandatory matter) nor presumed (subject to rebuttal by a preponderance of the evidence) to be a historical resource under the statute. [read post]
6 Jul 2021, 8:55 am
38; and (3) due process, all as a matter of law. [read post]
18 Aug 2016, 8:22 am
The opinion reaches the same general conclusion as the Court of Appeal’s previous opinion in the matter (my blog post on which can be found here) – i.e., that BAAQMD’s 2010 Toxic Air Contaminants (TAC) Thresholds of Significance (i.e., for air pollutants including TACs and PM 2.5) are not facially invalid, because not invalid in all their potential applications. [read post]
9 Oct 2019, 12:59 pm
” The EIR’s definition of urban decay was not “unnaturally constrained” and, as a matter of law, it did not err in failing to treat “loss of close and convenient shopping” as a significant environmental impact. [read post]
22 Nov 2017, 11:35 am
., failure to analyze consistency with the 2005 Executive Order; failure to adequately address GHG mitigation; failure to analyze a reasonable range of project alternatives; failure to adequately analyze and mitigate air quality and particulate matter pollution impacts; and understating agricultural land impacts. [read post]
4 Apr 2020, 10:40 am
When and How Will These Oversight Bodies Bring Enforcement Matters? [read post]
3 Apr 2018, 4:20 pm
SB 743 was enacted in 2013 to further California’s efforts to reduce GHG emissions by encouraging transit-oriented, infill development – a strategy announced in SB 375, the “Sustainable Communities and Climate Protection Act of 2008. [read post]
23 May 2024, 4:54 pm
In an opinion filed April 18, and belatedly ordered published on May 15, 2024, the Third District Court of Appeal reversed the trial court’s order discharging the peremptory writ of mandate that was issued following the Court of Appeal’s earlier direction in Save Our Capitol! [read post]
15 Jul 2024, 4:44 pm
“He’s decided, presumably as a strategic matter, that that was not warranted yet, and I think that this decision may change that calculus. [read post]
21 Aug 2017, 10:14 am
Per the Court: “The purpose of the exhaustion doctrine is to ensure public agencies are given the opportunity to decide matters within their expertise, respond to objections, and correct any errors before the courts intervene. [read post]
21 Aug 2017, 10:14 am
Per the Court: “The purpose of the exhaustion doctrine is to ensure public agencies are given the opportunity to decide matters within their expertise, respond to objections, and correct any errors before the courts intervene. [read post]
22 Jan 2015, 9:56 pm
Courts of appeals have long found it possible to separate factual from legal matters. [read post]
4 Jun 2021, 4:00 am
National/Federal 2 Nonprofits That Track Money in Politics Are Merging Maryland Matters – Josh Kurtz | Published: 6/3/2021 Watchdogs, journalists, opposition researchers, and the civic minded have relied on data collected by the Center for Responsive Politics and the National Institute on Money in Politics to help them keep elected officials and the special interests that seek to influence them accountable. [read post]
22 May 2019, 9:01 pm
But Kimble spoke expansively about stare decisis as a general matter. [read post]
14 Jul 2008, 9:17 am
Miller Waste Mills, Inc., 275 F.3d 1347, 1353 (Fed. [read post]
8 Oct 2007, 9:54 am
Miller, Federal Practice and Procedure 3d. [read post]
4 Nov 2011, 3:37 am
How else might any such measure, in terms of both its purpose and effect (see Martin and Miller v HM Advocate [2010] UKSC 10), be described other than as “relating to” these reserved aspects of the constitution ? [read post]
3 Dec 2008, 4:54 pm
CRIMINAL LAW & PROCEDURE Matter of Rivera v. [read post]
25 Jan 2007, 10:00 pm
Ark. 2005); Zehel-Miller v. [read post]
