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Third District Affirms Judgment Upholding State Lands Commission’s Supplemental EIR For Desalination Plant Lease Modification, Rejects CEQA Claims That Commission Piecemealed Review And Should Have Assumed Lead Agency Status And Prepared A Subsequent EIR
11 May 2021, 11:48 am by Arthur F. Coon
State Lands Commission (Poseidon Resources (Surfside) LLC, Real Party in Interest) (2021) ___ Cal.App.5th ___. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Must CEQA Compliance Precede Project Approval? When State Water Board Water Quality Certifications Are Involved, The Answer Is As “Clear as Mud”
4 Mar 2021, 5:22 pm by Arthur F. Coon
., POET, LLC v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
2020: A Look Back at the Year’s CEQA Case Law
18 Jan 2021, 7:58 pm by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Guest Post: Halliburton II Price Impact Defenses Can Limit Severity on Deficient Exchange Act Claims
12 Jan 2021, 2:19 pm by Kevin LaCroix
Nessim MezrahiStephen SigristIn the following guest post, Nessim Mezrahi and Stephen Sigrist discuss their analysis of Rule 10b-5 private securities fraud litigation in 2019 and 2020 against U.S. [read post]
The D & O Diary - http://www.dandodiary.com/
Remedial Legal Logic: Fifth District Doubles Down On Split with Other Districts in Holding CEQA Doesn’t Allow Limited Writ Remedy of Partial EIR Decertification – But Does It Really Matter?
29 Nov 2020, 8:08 pm by Arthur F. Coon
Resources Code, §§ 21100(a), 21151(a)) and “an EIR is either completed in compliance with CEQA or it is not so completed” (citing LandValue 77, LLC v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Keeping the “Golden Door” Cracked Open: California Supreme Court Extends Period to Consider Review of CEQA Administrative Record Case
26 Oct 2020, 9:34 am by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Third District Dismisses Appeal In CEQA Case As Moot Where Plaintiff Failed To Timely Seek Or Obtain Preliminary Injunction And Project Construction Was Completed Before Trial
21 Sep 2020, 1:26 pm by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Burnishing the “Golden Door”: Fourth District Modifies Recent Opinion Requiring Lead Agency Preservation of CEQA Administrative Record Documents, Denies Petitions for Rehearing and Leaves Judgment Unchanged
26 Aug 2020, 10:35 am by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
“For the Record”: Fourth District Holds CEQA’s “Mandatory” And “Broadly Inclusive” Administrative Record Statute Requires Lead Agency To Retain Documents Within Its Scope And Not Destroy Them Prior To Record Preparation
5 Aug 2020, 2:39 pm by Arthur F. Coon
  Golden Door Properties, LLC et al. v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
CEQA Meets RICO: Round Two
31 Jul 2020, 5:37 pm by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Third Time Is Not The Charm: Fourth District Affirms Judgment Setting Aside San Diego County’s Climate Action Plan And Related Supplemental EIR Approvals Due To CEQA Violations
29 Jun 2020, 9:31 am by Arthur F. Coon
  (Golden Door Properties, LLC v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
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
South Coast Air Quality Management District (Tesoro Refining and Marketing Company, LLC, Real Party in Interest) (2d Dist. 2020) ____ Cal.App.5th ____. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Spring CEQA Roundup – 2020
23 Mar 2020, 10:56 am by Arthur F. Coon
Rehearing Denied and Opinion Modified In Kern County Ministerial Oil And Gas Well Permitting Ordinance EIR Case On March 20, 2020, the Fifth District Court of Appeal filed an Order modifying its Opinion and denying the requests for rehearing of respondents (Kern County) and real parties (WSPA and CIPA) in King and Gardner Farms, LLC v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Third District Affirms Judgment Rejecting CEQA Challenges To EIR For Cordova Hills Master Planned Community Project
6 Mar 2020, 2:54 pm by Arthur F. Coon
County of Sacramento (Cordova Hills, LLC, et. al., Real Parties in Interest) (3d Dist. 2020) ___ Cal.App.5th ___. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fifth District Holds EIR For Kern County’s Ministerial Oil and Gas Well Permitting Ordinance Violates CEQA Due To Improperly Deferred Mitigation For Water Supply Impacts, Inadequate Mitigation For Farmland Conversion, And Inadequate Analysis of Noise Impacts
3 Mar 2020, 4:53 pm by Arthur F. Coon
  King and Gardiner Farms, LLC v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
“ROG Won: A CEQA Wars Story” – Third District Holds Geothermal Energy Project EIR’s Rejection Of Proposed Mitigation Measures For Significant ROG Fugitive Emissions Impact Violated CEQA Where No Substantial Evidence Showed Measures’ Infeasibility
3 Jan 2020, 3:29 pm by Arthur F. Coon
(Orin 50 LLC, et al, Real Parties in Interest) (2019) ____ Cal.App.5th ____. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Affirms Judgment Upholding MND for Rural Sonoma County Winery Project, Holds Unsubstantiated Expert Opinion Fails to Support Fair Argument of Geologic, Erosion Or Groundwater Impacts
28 Oct 2019, 1:12 pm by Arthur F. Coon
(James Bailey, Knights Bridge Vineyards, LLC, Real Parties in Interest) (2019) _____ Cal.App.5th _____. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fourth District Rejects Coastal Act/CEQA-Based Challenges To Commission’s Certification of San Diego Port Plan Amendment As Time-Barred For Failure To Join Indispensable Parties Within Limitations Period
3 Oct 2019, 3:51 pm by Arthur F. Coon
  The amendment allows expansion of the San Diego Convention Center by the City of San Diego (City) and of the adjacent Hilton San Diego Bayfront hotel by One Park Boulevard, LLC (One Park). [read post]
CEQA Developments - http://www.ceqadevelopments.com
Are Urban Land Uses And Project Design Components Fungible For CEQA Project Description Purposes As Long As Maximum Possible Environmental Impacts Are Disclosed And Analyzed? Second District Doesn’t Think So, Holds Controversial Millennium Hollywood Project EIR’s “Blurry” Project Description Violates CEQA
29 Aug 2019, 7:56 am by Arthur F. Coon
(Millennium Hollywood LLC, Real Party in Interest) (2019) ___ Cal.App.5th ___. [read post]
CEQA Developments - http://www.ceqadevelopments.com
CEQA Wars: The Developer Strikes Back (In Federal Court)
19 Aug 2019, 1:31 pm by Arthur F. Coon
  Icon at Panorama, LLC v. [read post]
CEQA Developments - http://www.ceqadevelopments.com