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19 Feb 2025, 3:50 pm
The Court noted this was the only alleged APA violation by CARB in a matter involving a multi-year rulemaking process with a 60,000-plus page file, and that WSPA was not prevented from commenting, nor was CARB prevented from considering and responding to WSPA’s comments, regarding the report. [read post]
3 Jul 2013, 4:38 pm
Nothing says “battle royal” quite like pitting several of California’s heavyweight environmental laws against one another in a “winner-take-all” litigation brawl. [read post]
10 Jan 2014, 4:10 pm
Rather, it raised the following two arguments that the exemptions were improper and that an EIR was required as a matter of law: (1) the Supreme Court’s decision in Save the Plastic Bag Coalition v. [read post]
28 Sep 2021, 10:40 am
Central Delta claimed that the analysis was deficient because it failed to take into account another complementary provision, but the trial court and Court of Appeal disagreed, noting this was a matter of differing contract interpretations. [read post]
10 Oct 2023, 8:40 am
” In the published portions of its opinion, discussed further below, the Court of Appeal held: (1) the EIR considers a reasonable range of alternatives; (2) the EIR improperly declines to analyze public transit impacts, but the error is not prejudicial; (3) the EIR does not need to analyze visual impacts, which are deemed not significant as a matter of law under Public Resources Code § 21099(d)(1); (4) the EIR is not required to adopt mitigation preserving… [read post]
4 Aug 2014, 3:17 pm
As a preliminary matter, Petitioners’ state law CEQA claims were threatened with being permanently derailed on non-CEQA grounds when the Authority argued, for the first time after the appeal had been fully briefed and calendared for oral argument, that those claims were preempted under the federal Interstate Commerce Commission Termination Act (“ICCTA”; 49 U.S.C. [read post]
9 Apr 2024, 4:58 am
” Speaking yesterday at a news briefing, Miller said, “it’s not just a question of Israel presenting a plan to us. [read post]
17 May 2021, 10:27 am
Thus, even though the record contained evidence supporting inferences of a lack of evidentiary support for one or more of the CEQA theories, a lack of factual investigation by the attorneys, and actual ill will of the Ranch toward Cal Coast, it was still insufficient to support an inference that the attorneys “knowingly pursued untenable claims or otherwise acted with malice” (emph. added); the record evidence was thus insufficient as a matter of law to establish the… [read post]
17 Jun 2016, 3:22 pm
Rejecting Wal-Mart’s facially plausible assertion that Government Code § 66474 applies only when an agency disapproves a map, and relying on a 1975 Attorney General Opinion it held persuasive and entitled to great weight, as well as one 1989 Court of Appeal case and two secondary sources, the Court held “the City was required to affirmatively address all of the matters covered by Government Code section 66474 before approving the parcel map. [read post]
28 Jun 2017, 3:22 pm
They observe that the decision helpfully reviews the development and significance of the “ministerial/discretionary” distinction, and the “functional test” for distinguishing between the two types of approvals, and that the matter is of considerable public interest because that distinction demarcates which project approvals are, and which are not, subject to CEQA. [read post]
2 Jul 2020, 9:18 am
While the litigation itself has not progressed beyond the pleading stage, it did not need to for the appellate court to issue an important published opinion resolving the most significant legal issues presented as a matter of law. [read post]
16 Aug 2013, 4:04 pm
In reinstating the 2010 Guidelines, which set forth new thresholds of significance for GHGs, toxic air contaminants (TACs), and PM2.5 (particulate matter 2.5 microns or less in diameter), the Court of Appeal held that a public agency’s promulgation of thresholds of significance pursuant to the procedures of the CEQA Guidelines is not itself a “project” subject to CEQA review. [read post]
1 Jul 2007, 11:06 pm
The district court granted summary judgment to Elmwood and Miller, holding as a matter of law that estoppel could not be applied to excuse thefailure to meet the numerical threshold.This case presents two questions in the context of an action under COBRA. [read post]
8 Nov 2021, 9:43 am
In a partially published opinion filed on November 3, 2021, involving the CEQA review for a bed and breakfast/commercial event project proposed on property within a Yolo County agricultural zone, the Third District Court of Appeal (in a unanimous opinion authored by Justice Robie) reaffirmed the basic CEQA principle that a “full EIR” must be prepared whenever a project may have any significant environmental effect; it thus reversed the trial court’s judgment that had allowed a… [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]
21 Jun 2021, 8:55 am
In a partially published unanimous opinion filed June 16, 2021, authored by a jurist who is also a noted CEQA expert (Acting Presiding Justice Ronald Robie), the Third District Court of Appeal affirmed the trial court’s judgment denying a writ petition challenging El Dorado County’s mitigated negative declaration (MND) for and approval of the Newtown Road Bridge at South Fork Weber Creek Replacement Project. [read post]
2 May 2015, 4:11 am
That, no matter what Branca claims, is an arrest, not a Terry stop. [read post]
15 May 2023, 11:09 am
” Permissive Intervention The Court likewise affirmed the trial court’s order denying permissive intervention, under which a nonparty with an interest in the matter in litigation or the success of the parties may be permitted to intervene if (1) proper procedures are followed, (2) the nonparty’s interest is direct and immediate, (3) intervention will not enlarge the issues in the litigation, and (4) the reasons supporting intervention outweigh any opposition by the… [read post]
15 Mar 2019, 8:37 am
” Miller then tweeted a screenshot of our DM and his response. [read post]
3 Oct 2012, 7:10 am
http://bit.ly/QNYmyd (Hemant Prasad) HBR Consulting Survey Shows Law Department Spending Is Up – http://bit.ly/QNXdXg (Monica Bay) Hong Kong Privacy Commissioner Publishes Revised Guidance on Collection of Fingerprints – http://bit.ly/QuAKhS (Gabriela Kennedy) Lawyers Slow To Warm Up To The Cloud – http://bit.ly/PO4oMe (IT-Lex) Lessons For Every Company From The TYCO FCPA Settlement – Export Compliance Matters http://bit.ly/PO64VT (Doreen Edelman) Microsoft… [read post]
