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7 Dec 2022, 8:33 am
” Miller Slip op. at 13 (citation omitted). [read post]
15 Aug 2014, 5:42 am
In an interview, Miller discusses Arizona’s law and his research. [read post]
1 Jul 2014, 12:53 pm
Miller v. [read post]
4 Nov 2014, 5:17 am
Miller, Supervisor of the Insurance Section of the Railroad Commission, established that the Commission had accepted Harco's certificate of insurance effective June 20, 1991. [read post]
20 Mar 2020, 7:20 pm
The most famous case of this type is the Supreme Court's decision in Miller v. [read post]
4 Dec 2014, 5:17 am
Miller, Supervisor of the Insurance Section of the Railroad Commission, established that the Commission had accepted Harco's certificate of insurance effective June 20, 1991. [read post]
10 Sep 2013, 6:45 am
Basically, an outline is just a scaled down version of your notes that 1) only includes the things that actually matter, and 2) puts those things that matter in an order that shows how they relate to each other. [read post]
15 Aug 2008, 5:40 pm
Miller, and Medical Marketing Resources SE, Inc. v. [read post]
4 Nov 2010, 6:14 am
In Astrazeneca v. [read post]
4 Sep 2020, 4:35 pm
Consideration of plaintiffs’ improper baseline argument was held premature pending County’s determination, in the first instance on remand, and as a factual matter, whether the Retreat EIR retains informational relevance despite changes to the project and its circumstances; and then, if so, whether the changes require major revisions to the Retreat EIR due to the involvement of new significant effects or a substantial increase in the severity of previously identified… [read post]
2 Mar 2015, 3:31 pm
In a decision filed January 29, and belatedly ordered published on February 18, 2015, the Fourth District Court of Appeal rejected numerous CEQA (and other) challenges to the City of San Diego’s regular, after-the-fact coastal and site development permits authorizing already-completed emergency storm drainage repair work as well as site revegetation at a hillside site in La Jolla. [read post]
20 Apr 2018, 6:04 pm
In affirming the trial court’s judgment in full, the Court of Appeal soundly rejected all of RCAs arguments, ruling as follows: As a matter of law, the RFEIR did not lack the “accurate, stable and finite project description” encompassing the “whole of [the] action” that is required by CEQA. [read post]
26 Mar 2018, 4:29 pm
Whether an activity meets the definition of a categorically exempt project is determined by courts as a matter of law. [read post]
15 Mar 2019, 8:37 am
” Miller then tweeted a screenshot of our DM and his response. [read post]
28 Aug 2020, 12:25 pm
Nor did its determination rely on factual determinations that would be reviewed with deference for substantial evidence, but instead constituted a claim that “the [ministerial] exemption applies to an entire category of permits, as a matter of law. [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]
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]
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]
3 Jan 2022, 11:29 am
Importantly, Public Resources Code § 21168 and CCP § 1094.5 do not simply apply whenever an agency is required by law to hold a hearing on a matter, but only where the agency was acting in a quasi-adjudicatory capacity. [read post]
2 May 2015, 4:11 am
That, no matter what Branca claims, is an arrest, not a Terry stop. [read post]