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Back To CEQA Basics: Second District Teaches That CEQA Requires Judicial Deference To Lead Agency’s Chosen Baseline, Failure To Administratively Exhaust “Exact Issue” Results In Forfeiture, And An EIR Is Not Faulty For Omitting Immaterial Information
21 Apr 2020, 1:11 pm by Arthur F. Coon
”  (Citing Sierra Club v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Third District Affirms CEQA And Attorneys’ Fees Judgments In Favor Of Department Of Water Resources In Monterey Agreement And Amendment Litigation
28 Sep 2021, 10:40 am by Arthur F. Coon and Matthew C. Henderson
  That litigation culminated in Planning & Conservation League v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Blowing Smoke About Impacts? Fourth District Rejects Speculative CEQA Challenge to San Diego’s Medical Marijuana Consumer Cooperative Ordinance, Holds Zoning Ordinances Are Not Necessarily CEQA “Projects”
17 Oct 2016, 5:02 pm by Arthur F. Coon
”  (Citing Muzzy Ranch Co. v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fourth District Addresses CEQA Issues Concerning Standing, Mitigation,Baseline, Piecemealing, And Responses To Comments In Affirming Judgment Upholding Perris Dam Remediation Program EIR
4 Nov 2014, 2:33 pm by Arthur F. Coon
In a published decision filed October 31, 2014 (Paulek v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Holds U.C. Berkeley Campus’s Decision To Increase Student Enrollment Above Maximum Projected Level Analyzed In EIR for Long Range Development Plan Is A “Project” Under CEQA And Not Exempt Under Public Resources Code § 21089.09
2 Jul 2020, 9:18 am by Arthur F. Coon
  (Save Berkeley’s Neighborhoods v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Second District Addresses Interesting CEQA and CESA Species Mitigation Issues in Lengthy Partially Published Opinion Upholding Resource Management and Conservation Approvals for Newhall Ranch Project, but “Hides its Work” on Significant Greenhouse Gas Issues in Unpublished Portion
4 Apr 2014, 4:09 pm by Arthur F. Coon
 Center for Biological Diversity, et al. v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fourth District Addresses Numerous Significant CEQA Issues In Action Challenging City of San Diego’s Utility Undergrounding Projects
21 Oct 2021, 4:44 pm by Arthur F. Coon
  McCann v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
The Mueller Protection Legislation Moves Forward—and Shifts Focus
28 Apr 2018, 12:23 pm by Quinta Jurecic
Chris Coons)—with the Grassley amendment added on. [read post]
Lawfare - http://www.lawfareblog.com/
Once More Into the “Brambled Thicket”: Fourth District Reverses Ruling Sustaining Demurrer to Action Challenging Caltrans’ Claim of Statutory CEQA Exemption For Freeway Interchange Project, Holds Streets and Highways Code § 103’s Coastal Commission Exemption Does Not Apply And That Petition Adequately Pleaded Estoppel Against Caltrans to Assert 35-Day Statute of Limitations Based on NOE Filing
1 Apr 2020, 4:33 pm by Arthur F. Coon
  Citizens for a Responsible Caltrans Decision v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Supreme Court Set To Hear Important CEQA Subsequent Review Case
26 Apr 2016, 1:46 pm by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Connecting The CEQA Dots? Supreme Court Holds Friant Ranch Project EIR’s Air Quality Impacts Discussion Insufficiently Relates Pollutant Data To Specific Adverse Human Health Effects
28 Dec 2018, 4:14 pm by Arthur F. Coon
  Sierra Club v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Power to the Public: DEIR’s Failure to Identify Proposed Project Among Handful of Vastly Different Analyzed Alternatives Violates CEQA’s Requirement to Contain “Accurate, Stable and Finite” Project Description, Vitiates Intelligent Public Participation, Holds First District
17 Nov 2017, 2:26 pm by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Of High Speed Rails and Litigation Snails: The Train Rolls On As Third District Rejects Additional CEQA Challenges To High-Speed Rail Authority’s Revised Final Program EIR Analyzing Central Valley To San Francisco Bay Area Track Route
4 Aug 2014, 3:17 pm by Arthur F. Coon
’”  (Citing Laurel Heights Improvement Assn. v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Recent Legislation Brings Incremental CEQA Reform
11 Sep 2023, 9:05 am by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Who Can Get Reimbursed for Transporting an Injured Worker to a Medical Appointment?
2 Oct 2014, 11:00 pm by David Kempston
That decision is Kuhnau v. [read post]
Mottaz Law Blog - http://mottazlaw.com/workers-comp-lawyer-blog/
California Supreme Court Holds Banning Ranch EIR Violates CEQA by Failing to Identify and Analyze Coastal Zone Project’s Impacts on Potential Environmentally Sensitive Habitat Areas (ESHA); Declines to Reach General Plan Issues
31 Mar 2017, 3:37 pm by Arthur F. Coon
  Banning Ranch Conservancy v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
CEQA Mixed-Use “Mix and Match” Upheld: Second District Holds Stable Project Description Requirement Does Not Mean Ultimately Approved Version of Revised Mixed Use Project Must Match An Alternative Analyzed In EIR, And New Project Alternative Added to FEIR Does Not Require Recirculation
7 Jul 2022, 11:22 am by Arthur F. Coon
  (Per the Court, those cases are: (1) County of Inyo v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Affirms Judgment Rejecting All CEQA Challenges To Oakland A’s Ballpark Development EIR Except Improper Deferral of Wind Impacts Mitigation
11 Apr 2023, 8:52 am by Arthur F. Coon
”  (Citing Sierra Club v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
CEQA’s Unusual Circumstances Exception To Small Structures Categorical Exemption Is Applied By Third District To Water Supply MOU With Indian Tribe
18 Oct 2012, 11:49 am by Arthur F. Coon
Coon of Miller Starr Regalia.  [read post]
CEQA Developments - http://www.ceqadevelopments.com
CEQA’s Unusual Circumstances Exception To Small Structures Categorical Exemption Is Applied By Third District To Water Supply MOU With Indian Tribe
18 Oct 2012, 11:49 am by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com