Search for: "Matter of Miller"
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5 Sep 2018, 9:00 am
”[5] Unfortunately, the definition of “matters occurring before the grand jury” differs from circuit to circuit. [read post]
31 Oct 2022, 12:32 pm
” Attempting to draw support from San Joaquin Raptor, it stated that an exemption finding “is not a minor matter” since it forecloses any environmental impact analysis and “is at least as important to environmental protection as an MND. [read post]
31 Mar 2017, 3:37 pm
In a unanimous 29-page opinion authored by Associate Justice Carol Corrigan, and filed on March 30, 2017, the California Supreme Court held the City of Newport Beach’s EIR for a large mixed-use development project proposed on a 400-acre coastal zone site failed to comply with CEQA. [read post]
18 Nov 2024, 10:43 am
An agency’s determination that a project falls within a categorical (or, for that matter, a statutory) exemption is reviewed by courts for substantial evidence support, with all evidentiary conflicts resolved and all legitimate and reasonable inferences indulged to support the agency’s decision. [read post]
26 Oct 2021, 4:48 pm
In a published opinion filed October 21, 2021, the First District Court of Appeal affirmed the trial court’s order finding the real party developers of a UC Berkeley campus development project – undertaken for the University’s benefit, and in which it had a strong vested interest – were necessary parties, but were not indispensable parties to a CEQA action challenging the project EIR under the factors of the Code of Civil Procedure (“CCP”) § 389(b). [read post]
29 Aug 2023, 10:05 am
“I fought the law and the law won” – The Crickets In an opinion filed July 19, and later ordered published on August 16, 2023, the Second District Court of Appeal (Div. 6) reversed the trial court’s grant of a preliminary injunction in a CEQA action enjoining the Santa Barbara County Road Commissioner from enforcing public laws by removing unpermitted encroachments from a public right-of-way. [read post]
22 Sep 2016, 4:55 pm
“… like all things in life, project plans are subject to change. [read post]
15 Sep 2014, 10:09 am
” The Court observed “the record thus establishes that the purpose of the subdivision was to make the property more amenable to development by creating smaller parcels on which it would be easier to obtain financing[,]” and County thus did not meet its burden of “show[ing] as a factual matter, based on the evidence in the record, that there is no possibility that the approval of the … subdivision may result in a significant effect on the environment[.] [read post]
15 Apr 2025, 8:01 am
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during March 2025. [read post]
25 Jun 2018, 2:40 pm
In a published opinion filed June 13, 2018, the Second District Court of Appeal (Div. 4) affirmed a judgment denying a writ of mandate and declaratory relief in an action challenging the California State Lands Commission’s (“Commission”) determination that CEQA Guidelines § 15301’s categorical exemption for “existing facilities” applied to its renewal of PG&E’s leases of state-owned lands needed to operate the Diablo Canyon nuclear power plant until… [read post]
19 Dec 2022, 11:07 am
In an opinion filed on November 14, and later certified for publication on December 13, 2022, the First District Court of Appeal (Div. 3) affirmed a Sonoma County Superior Court judgment upholding the EIR for a 180-unit apartment complex proposed on a 15.45-acre parcel of vacant land along the Petaluma River. [read post]
20 Jun 2023, 8:42 am
Whether an EIR has sufficient detail to enable those who didn’t participate in its preparation to understand and consider meaningfully the issues raised by the project presents a mixed question of law and fact for the court, generally subject to de novo review; but courts will defer to an agency’s underlying factual determinations and choice of analytical methodologies where supported by substantial evidence, and may not set aside an EIR on the ground that an opposite conclusion… [read post]
14 Jan 2019, 11:59 am
In an opinion filed December 18, 2018, and later ordered published on January 10, 2019, the First District Court of Appeal affirmed a judgment denying appellant citizen groups’ writ petition challenging the City of St. [read post]
7 Apr 2014, 5:18 pm
” Turning to the scope of the Class 23 exemption for “normal operations” of public gathering facilities (an interpretive task which courts properly determine as a matter of law), the Court noted it consists of three elements, such that it “applies to projects that: (1) are normal operations of existing facilities for public gatherings for which the facilities were designed, (2) where there is a past history of the facility being used for the same or a similar… [read post]
27 Mar 2020, 6:32 pm
The Court acknowledged that the exhaustion requirement is “not a matter of judicial discretion, but is a fundamental rule of procedure … binding upon all courts” (Plantier v. [read post]
9 Sep 2016, 12:17 pm
., projected the plan amendment’s strategies — including backfilling the Quarry pit with fill containing mixed organic matter and placing non-limestone material on exposed limestone areas — would ultimately reduce the Quarry’s release of selenium and result in water quality meeting acceptable standards. [read post]
23 Dec 2019, 1:36 pm
After the City’s Planning and Design Review Commission recommended adoption of the updated General Plan with five supplemental changes and certification of the related EIR in January 2015, the City Council published notice that it would consider those matters with a number of additional supplemental changes in February 2015, and ultimately certified the Final EIR and approved the 2035 General Plan in March 2015. [read post]
26 Oct 2015, 3:24 pm
” It would also add a new § 15004(b)(4) stating: (4) While mere interest in, or inclination to support, a project does not constitute approval, a public agency entering into preliminary agreements regarding a project prior to approval shall not, as a practical matter, commit the agency to the project. [read post]
4 Nov 2024, 10:40 am
“It’s like déjà vu all over again. [read post]
6 Jan 2021, 4:47 pm
In a published opinion filed December 29, 2020, the First District Court of Appeal affirmed a judgment denying a petition for writ of mandate filed by the Santa Clara Valley Water District (District) challenging waste discharge requirements (WDRs) belatedly imposed by a responsible agency, the San Francisco Bay Regional Water Quality Control Board (Board), on lead agency District’s flood control project. [read post]
