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In a published opinion filed August 31, 2016, the Sixth Appellate District Court of Appeal rejected claims under CEQA and the Surface Mining and Reclamation Act (“SMARA”; Pub. [read post]

CEQA Developments - http://www.ceqadevelopments.com

First District Applies CEQA’s “Subsequent Review” Rules, Substantial Evidence Standard of Review; Upholds Subsequent Mitigated Negative Declaration and Modified Master Use Permit for Remote Buddhist Retreat

6 Sep 2016, 11:23 am by Arthur F. Coon

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CEQA Developments - http://www.ceqadevelopments.com

Supreme Court Depublishes Quirky Fourth District CEQA/General Plan Decision

26 Aug 2016, 3:42 pm by Arthur F. Coon

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CEQA Developments - http://www.ceqadevelopments.com

Statutory CEQA Reform Proposal (SB 122) Reemerges With Optional Expedited Record Preparation Provisions Unchanged; Fleshes Out OPR Electronic Database Placeholder; And Drops Controversial Effort To Provide Public Review Period for Final EIRs

24 Aug 2016, 1:36 pm by Arthur F. Coon

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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

Sixth District Holds CEQA’s “Fair Argument” Test Inapplicable To City Of San Jose’s Discretionary Determination That 1922 Wooden Railroad Trestle Is Not Historical Resource

15 Aug 2016, 10:51 am by Arthur F. Coon

A project that may cause a substantial adverse change in the significance of a “historical resource” may, for that reason, have a significant effect on the environment for purposes of CEQA. [read post]

CEQA Developments - http://www.ceqadevelopments.com

Holland & Knight SCAG Update Report: CEQA Litigation Abuse Hurts Infill Housing

12 Aug 2016, 2:47 pm by Arthur F. Coon

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CEQA Developments - http://www.ceqadevelopments.com

First District Rejects CEQA Challenge To “Plan Bay Area” Sustainable Communities Strategy EIR As Premised On Fundamental Misinterpretation of SB 375

1 Aug 2016, 11:25 am by Arthur F. Coon

In a 58-page published opinion filed June 30, 2016, the First District Court of Appeal affirmed the Alameda County Superior Court’s judgment upholding the Metropolitan Transportation Commission’s (MTC) and Association of Bay Area Government’s (ABAG) EIR for and approval of “Plan Bay Area,” the agencies’ first Sustainable Communities Strategy (SCS) prepared pursuant to California’s landmark “Sustainable Communities and Climate Protection Act of… [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

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CEQA Developments - http://www.ceqadevelopments.com

Discovery Rule Does Not Postpone Accrual of CEQA Cause of Action; Events Specified In CEQA Statute of Limitations Provide Constructive Notice of Project Approval or Commencement

26 Jul 2016, 10:52 am by Arthur F. Coon

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CEQA Developments - http://www.ceqadevelopments.com

Fourth District Holds Non-Expert Opinion Fails To Support “Fair Argument” Under CEQA That Approval of Non-Regional Retail Store In Joshua Tree Would Cause Urban Decay

14 Jul 2016, 6:50 pm by Arthur F. Coon

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