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16 Mar 2017, 12:21 pm
Coon of Miller Starr Regalia. [read post]
18 Oct 2013, 8:19 pm
So, asked the judge, why not resolve the matter now, by creating new law? [read post]
26 Jul 2016, 10:52 am
Coon of Miller Starr Regalia. [read post]
24 May 2016, 3:55 pm
The opinion undoubtedly reaches the correct result as a matter of both law (because the Class 5 exemption plainly did not apply on its face to the GPA) and equity (because the City’s attempted justification that it had always ignored the lower end of the residential density ranges in its General Plan was, to put it mildly, an unappealing position). [read post]
22 Sep 2014, 2:55 pm
In a published decision filed September 15, 2014, the First District Court of Appeal reversed and remanded a trial court’s post-judgment order granting an unsuccessful CEQA petitioner’s motion to tax the entire $64,144 cost bill of respondent City. [read post]
18 Oct 2012, 11:49 am
Coon of Miller Starr Regalia. [read post]
4 Nov 2014, 2:33 pm
” Further, according to the Court, no case law supported the DWR’s definition of “objection” to exclude questions, and “a comment that raises questions about whether a proposed project will in fact solve the problem it is supposed to remedy is fairly understood as an expression of disapproval, no matter whether phrased as a declarative sentence or a question. [read post]
6 Sep 2016, 11:23 am
Coon of Miller Starr Regalia. [read post]
10 Jan 2023, 3:28 pm
As an initial matter, since the Department’s notice of exemption was never sent to the state Office of Planning and Research or otherwise filed, it did not trigger the short 35-day statute of limitations under Public Resources Code § 21167(d) and CEQA Guidelines § 15062(d), and the appropriate limitations period was therefore CEQA’s maximum one: 180 days after the agency’s decision to approve the project. [read post]
18 Oct 2012, 11:49 am
Coon of Miller Starr Regalia. [read post]
11 Nov 2009, 11:21 am
Does that matter? [read post]
8 Feb 2016, 12:40 pm
Coon of Miller Starr Regalia. [read post]
15 Mar 2018, 4:26 pm
The 2008 regulations required retrofitting and upgrading of large diesel vehicles to the equivalent of 2010 or newer model engines to reduce emissions of diesel particulate matter (PM), nitrogen oxides (NOx), and greenhouse gases (GHGs). [read post]
5 Jan 2016, 3:53 pm
City of Los Angeles (2007) 153 Cal.App.4th 1385), or is the agency’s decision subject to a threshold determination whether the modification of the project constitutes a “new project altogether,” as a matter of law (Save Our Neighborhood v. [read post]
14 Jul 2016, 9:01 pm
Miller mentions and Mr. [read post]
3 Jan 2014, 2:11 pm
In concluding “that the health risks to workers and residents identified by petitioners do not constitute ‘substantial adverse effects on human beings’ or otherwise create a fair argument that the disturbance of contaminated soil may have a significant effect on the environment[,]” the Court stated as a prefatory matter: “To begin with, and while we need not and do not decide the issue here, we note that it is far from clear that adverse effects confined… [read post]
29 Jun 2015, 2:35 pm
” Ultimately, the determination of whether or not the Complex could “reasonably be beneficially used without the Project … is not a matter of law but instead requires a weighing of the competing interests laying claim on the Complex” — a weighing entrusted to the City’s discretion subject only to deferential judicial review for “substantial evidence” support. [read post]
7 Dec 2022, 4:07 pm
“Yes, Virginia, there is a Santa Claus. [read post]
31 Aug 2017, 12:38 pm
Coon of Miller Starr Regalia. [read post]
22 Jan 2019, 11:38 am
Coon of Miller Starr Regalia. [read post]