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17 Oct 2013, 5:00 am
Whether a particular warning should have been in a different location, in pictures, in bright red, or in a different language frankly doesn’t matter nearly as much when the warning’s intended recipient is a prescribing physician. [read post]
4 Nov 2010, 6:14 am
In Astrazeneca v. [read post]
11 May 2017, 8:18 am
When all was said and done, it was a case of “same wine, different bottle” for Defendant and Appellant San Mateo Community College District (“District”) after the First District Court of Appeal’s published May 5, 2017 decision, following remand from the California Supreme Court, in Friends of the College of San Mateo Gardens v. [read post]
2 Mar 2015, 3:31 pm
In a decision filed January 29, and belatedly ordered published on February 18, 2015, the Fourth District Court of Appeal rejected numerous CEQA (and other) challenges to the City of San Diego’s regular, after-the-fact coastal and site development permits authorizing already-completed emergency storm drainage repair work as well as site revegetation at a hillside site in La Jolla. [read post]
20 Apr 2018, 6:04 pm
In affirming the trial court’s judgment in full, the Court of Appeal soundly rejected all of RCAs arguments, ruling as follows: As a matter of law, the RFEIR did not lack the “accurate, stable and finite project description” encompassing the “whole of [the] action” that is required by CEQA. [read post]
11 Oct 2017, 11:39 am
On appeal, LRC argued: (1) the RSED’s conclusions that increased groundwater pumping was uncertain or unlikely conflicted with its finding that such pumping could have significant environmental effects; (2) the RSED failed to adequately describe or discuss the issue of potential adoption of the Subterranean Stream Delineations as a mitigation measure; and (3) the RSED’s finding that the Subterranean Stream Delineations were infeasible as a mitigation measure was erroneous as… [read post]
8 Nov 2012, 9:51 am
City of San Juan Capistrano (2004) 120 Cal.App.4th 961, the Fifth District Court of Appeal held as a matter of law that the City needed to comply with CEQA if it exercised its Elections Code § 9214(a) option of adopting the ordinance without alteration, rather than putting the measure on the ballot. [read post]
8 Dec 2014, 3:56 pm
“And all this science, I don’t understand It’s just my job, five days a week” – Elton John/Bernard Taupin, “Rocket Man” Having seen years of their lofty regional planning efforts come crashing back to Earth, San Diego government entities have had little to be thankful about so far this holiday season on the CEQA front. [read post]
8 Oct 2013, 11:59 am
Given trial courts’ typically crowded calendars, and the fact that writ hearings consume more court time and resources than typical law-and-motion matters, the timely filing of a request for hearing is important to the orderly and expeditious prosecution of CEQA actions regardless of the status of record preparation. [read post]
22 May 2023, 10:58 am
While the Court agreed as a general matter that compensatory mitigation—i.e., compensating for an impact by replacing or providing substitute resources or environments (CEQA Guidelines, § 15370(a))—“may not be automatically excluded from consideration” when addressing impacts to historic resources, it held that Appellant had failed to show that such mitigation could, in the case before it, substantially lessen the project’s significant impacts. [read post]
20 Dec 2017, 3:59 pm
A fundamental prerequisite to a viable lawsuit is a plaintiff possessing standing to bring it, and in writ of mandate proceedings that generally means a person or entity actually possessing a beneficial interest in the legal relief being sought. [read post]
12 Aug 2024, 10:42 am
The Sixth District Court of Appeal filed on July 24, and later certified for publication on August 6, 2024, its opinion in Center for Biological Diversity et al. v. [read post]
21 Mar 2024, 9:24 am
” Going on to its task of interpreting the CEQA Guidelines’ relevant text, which it did as a matter of law subject to independent review under the rules governing the interpretation of statutes, the Court found the text ambiguous as to whether ACE’s actually “compensate” for converted agricultural lands by “replacing or providing substitute resources or environments. [read post]
3 Jan 2022, 11:29 am
Importantly, Public Resources Code § 21168 and CCP § 1094.5 do not simply apply whenever an agency is required by law to hold a hearing on a matter, but only where the agency was acting in a quasi-adjudicatory capacity. [read post]
28 Aug 2020, 12:25 pm
Nor did its determination rely on factual determinations that would be reviewed with deference for substantial evidence, but instead constituted a claim that “the [ministerial] exemption applies to an entire category of permits, as a matter of law. [read post]
4 Apr 2014, 4:09 pm
• As an interpretive matter, according to the Court, “the [CESA] is tethered to the California Environmental Quality Act. [read post]
4 Sep 2020, 4:35 pm
Consideration of plaintiffs’ improper baseline argument was held premature pending County’s determination, in the first instance on remand, and as a factual matter, whether the Retreat EIR retains informational relevance despite changes to the project and its circumstances; and then, if so, whether the changes require major revisions to the Retreat EIR due to the involvement of new significant effects or a substantial increase in the severity of previously identified… [read post]
26 Mar 2018, 4:29 pm
Whether an activity meets the definition of a categorically exempt project is determined by courts as a matter of law. [read post]
23 Jun 2014, 10:20 am
The bottom line is that any way the onion was sliced, plaintiff’s CEQA action in this matter was filed too late. [read post]
1 Jun 2017, 3:57 pm
Further, the action against the District fell within Code of Civil Procedure § 1094.5 and would thus have to proceed as an administrative mandamus action challenging the District’s final decision on the Authority to Construct based on the record made in Friends’ administrative appeal and matters judicially noticeable. [read post]
