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2 Jan 2023, 6:30 am
”[5] Sandy suggests that this is no laughing matter. [read post]
3 Jun 2020, 11:49 am
He is the Chief of Infectious Disease at the Miami VA Healthcare System and Professor of Clinical Medicine in the Division of Infectious Diseases, University of Miami Miller School of Medicine. [read post]
21 Oct 2021, 4:44 pm
The transitory construction impacts McCann complained of were not significant, substantial or permanent deprivations of her property interests, and her concerns about the aesthetic impacts of transformer box placements were akin to those of petitioners in other cases which held such concerns involved de minimus effects that as a matter of law did not trigger constitutional due process notice rights under Horn. [read post]
27 Aug 2018, 4:37 pm
As a factual matter, the Court noted the EIR compared existing traffic conditions at 60 studied intersections (based on an expert traffic consultant’s actual observations of 2010 conditions) to projected traffic in 2025, and explained that while traffic is expected to worsen, the Housing Element itself does not generate new trips, but provides direction for how inevitable new residential development should occur, emphasizing affordability. [read post]
2 Jul 2015, 1:35 pm
The Court held, as a matter of law (citing Creed-21 v. [read post]
28 Oct 2019, 1:12 pm
In an opinion filed September 6, and later ordered published on October 7, 2019, the First District Court of Appeal (Div. 4) affirmed the trial court’s judgment denying plaintiff groups’ writ petition challenging Sonoma County’s use permit and related mitigated negative declaration (MND) for a winery project in the County’s rural Knights Valley area. [read post]
16 Jan 2018, 10:26 am
In actual fact, the SDMC did not provide that appeals of environmental determinations in Process Three matters must await exhaustion of all other administrative appeal rights. [read post]
28 Dec 2018, 4:14 pm
In a unanimous 33-page opinion authored by Justice Ming Chin and issued on December 24, 2018, the California Supreme Court addressed the standard of review for claims challenging the legal sufficiency of an EIR’s discussion of environmental impacts, and also CEQA’s rules regarding deferral and adequacy of mitigation measures. [read post]
16 Jun 2014, 2:47 pm
For one, it exercised its discretion to consider plaintiffs’ wastewater disposal arguments on appeal, even though they were not presented to the trial court, because “issues concerning the adequacy of a CEQA disclosure present questions of law” and “matters involving [wastewater] disposal … affect the public interest …. [read post]
17 Oct 2016, 5:02 pm
State Bd. of Education (1982) 32 Cal.3d 779, 795), the Court of Appeal proceeded to hold as a matter of law that the Ordinance did not necessarily constitute a project by virtue of its status as a “zoning ordinance. [read post]
5 Apr 2019, 11:58 am
The Court Of Appeal’s Holdings In applying the foregoing principles to reject Plaintiffs’ numerous assertions of EIR and CEQA defects, the Court of Appeal made the following holdings and determinations: Project Description The DEIR’s project description, reviewed by the Court de novo, was adequate as a matter of law. [read post]
23 Aug 2021, 8:52 am
In a published opinion filed August 19, 2021, the Second District Court of Appeal reversed a judgment of the Los Angeles County Superior Court that found fault with the EIR for an improvement project within the San Gabriel Mountains National Monument portion of the Angeles National Forest. [read post]
3 Mar 2015, 11:19 am
In finally reversing and remanding after its 2012 grant of review, the Supreme Court in its majority opinion made a number of key points: As a foundational matter, the Court treated the CEQA Guidelines as binding regulatory mandates. [read post]
25 Oct 2018, 8:03 am
On Oct. 20, President Trump announced that the United States would pull out of the Intermediate-Range Nuclear Forces (INF) Treaty, a 1987 bilateral agreement prohibiting the United States and Russia from possessing, producing or test-flying ground-launched ballistic and cruise missiles with a range of 500 to 5,500 kilometers and their launchers. [read post]
5 Jun 2017, 7:22 am
” Second, Cuellar did not use the account for personal matters during the time of his employment, as Hoofnagle did. [read post]
19 Jun 2023, 6:30 am
According to Professor Fritz, Madison differentiated between “the ordinary right of state legislatures to sound the alarm for perceived constitutional overreaching,” and “an ultimate interposition retained by the parties to the constitutional compact as a matter of theoretical principle. [read post]
28 Apr 2017, 8:21 am
And whether the law of the state shall be declared by its Legislature in a statute or by its highest court in a decision is not a matter of federal concern. [read post]
29 Apr 2014, 1:08 pm
As such, a suspension is not granted by the Tribunal as a matter of course. [read post]
26 Jun 2018, 2:36 pm
Now let's complicate matters. [read post]
26 Jun 2018, 3:44 pm
Now let’s complicate matters. [read post]
