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21 Aug 2017, 10:14 am
Per the Court: “The purpose of the exhaustion doctrine is to ensure public agencies are given the opportunity to decide matters within their expertise, respond to objections, and correct any errors before the courts intervene. [read post]
16 Nov 2023, 12:24 pm
The Court of Appeal’s Opinion SMARA Claim The Court first held as a matter of law that SMARA’s statutory “statement of reasons” requirement did not apply to the County’s wildlife migration corridor overlay zoning ordinance Project because enacting an ordinance changing permitting requirements did not constitute “permitting a use” under the statute’s plain meaning. [read post]
22 Nov 2017, 11:35 am
., failure to analyze consistency with the 2005 Executive Order; failure to adequately address GHG mitigation; failure to analyze a reasonable range of project alternatives; failure to adequately analyze and mitigate air quality and particulate matter pollution impacts; and understating agricultural land impacts. [read post]
4 Oct 2021, 11:00 am
, everyone – no matter how famous or well-known – deserves to have a thorough and proper introduction, and this CEQA principle applies with even greater force as the “guest’s” stature increases. [read post]
23 May 2024, 4:54 pm
In an opinion filed April 18, and belatedly ordered published on May 15, 2024, the Third District Court of Appeal reversed the trial court’s order discharging the peremptory writ of mandate that was issued following the Court of Appeal’s earlier direction in Save Our Capitol! [read post]
3 Apr 2018, 4:20 pm
SB 743 was enacted in 2013 to further California’s efforts to reduce GHG emissions by encouraging transit-oriented, infill development – a strategy announced in SB 375, the “Sustainable Communities and Climate Protection Act of 2008. [read post]
18 Aug 2016, 8:22 am
The opinion reaches the same general conclusion as the Court of Appeal’s previous opinion in the matter (my blog post on which can be found here) – i.e., that BAAQMD’s 2010 Toxic Air Contaminants (TAC) Thresholds of Significance (i.e., for air pollutants including TACs and PM 2.5) are not facially invalid, because not invalid in all their potential applications. [read post]
21 Aug 2017, 10:14 am
Per the Court: “The purpose of the exhaustion doctrine is to ensure public agencies are given the opportunity to decide matters within their expertise, respond to objections, and correct any errors before the courts intervene. [read post]
15 Aug 2016, 10:51 am
The statute’s last sentence, however, expressly permits a lead agency to determine that a resource is a historical resource even when it is neither deemed (as a mandatory matter) nor presumed (subject to rebuttal by a preponderance of the evidence) to be a historical resource under the statute. [read post]
23 Jan 2013, 12:22 pm
” Applying these “murky” CEQA principles to the case before it, and reviewing the matter independently as an issue of law, the Court found the Park Project was properly treated as separate from the NBR Project for CEQA purposes. [read post]
9 Oct 2019, 12:59 pm
” The EIR’s definition of urban decay was not “unnaturally constrained” and, as a matter of law, it did not err in failing to treat “loss of close and convenient shopping” as a significant environmental impact. [read post]
4 Jun 2021, 4:00 am
National/Federal 2 Nonprofits That Track Money in Politics Are Merging Maryland Matters – Josh Kurtz | Published: 6/3/2021 Watchdogs, journalists, opposition researchers, and the civic minded have relied on data collected by the Center for Responsive Politics and the National Institute on Money in Politics to help them keep elected officials and the special interests that seek to influence them accountable. [read post]
22 May 2019, 9:01 pm
But Kimble spoke expansively about stare decisis as a general matter. [read post]
21 Aug 2011, 3:30 am
Among the many Latin maxims that guided the law around matters that didn't fit well within principles intended for more serious matters was De minimis non curat lex The law doesn't bother with trifles.Some people are political animals, inclined to turn over every rock to find some broader political meaning in every aspect of human conduct. [read post]
4 Jul 2013, 10:55 am
In contrast, Scalia didn't want criminal suspects -- no matter their age -- to have any perceived advantage. [read post]
27 Jun 2007, 3:20 am
Numbers only matter when they're part of the pursuit of a championship. [read post]
1 Mar 2023, 12:38 pm
In 1979, John was hired by Attorney General Tom Miller as a staff attorney in the Environmental Law Division where he tried real property and environmental cases. [read post]
19 May 2024, 8:45 am
How does sex matter in our everyday lives? [read post]
10 Mar 2014, 2:09 pm
Miller, 330 N.C. 56, 62 (1991) (the trial court erred by finding witnesses unavailable where they testified that they remembered most of what they saw but did not remember every detail of the incident). [read post]
3 Dec 2008, 4:54 pm
CRIMINAL LAW & PROCEDURE Matter of Rivera v. [read post]
