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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
”  (Citing Sierra Club v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Once More Into the “Brambled Thicket”: Fourth District Reverses Ruling Sustaining Demurrer to Action Challenging Caltrans’ Claim of Statutory CEQA Exemption For Freeway Interchange Project, Holds Streets and Highways Code § 103’s Coastal Commission Exemption Does Not Apply And That Petition Adequately Pleaded Estoppel Against Caltrans to Assert 35-Day Statute of Limitations Based on NOE Filing
1 Apr 2020, 4:33 pm by Arthur F. Coon
  Citizens for a Responsible Caltrans Decision v. [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
2019 CEQA 4th QUARTER REVIEW
7 Jan 2020, 5:39 pm by William W. Abbott, Diane G. Kindermann, Glen C. Hansen and Daniel S. Cucchi
County of Butte v. [read post]
Abbott & Kindermann Land Use Law Blog - http://blog.aklandlaw.com/
2019 CEQA 4th QUARTER REVIEW
7 Jan 2020, 5:39 pm by William W. Abbott, Diane G. Kindermann, Glen C. Hansen and Daniel S. Cucchi
County of Butte v. [read post]
Abbott & Kindermann Land Use Law Blog - http://blog.aklandlaw.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
  Russel Covington, et al v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Third District Rejects CEQA Challenges To Chico Walmart Expansion Project EIR’s Urban Decay Analysis And City’s Statement Of Overriding Considerations
9 Oct 2019, 12:59 pm by Arthur F. Coon
  Chico Advocates for a Responsible Economy v. [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
”  (Citing Kuhn v. [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
  Stopthemillenniumhollywood.com, et al. v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
2019 CEQA 2nd QUARTER REVIEW
30 Jul 2019, 10:06 pm by William W. Abbott, Diane G. Kindermann and Glen C. Hansen
Union of Medical Marijuana Patients, Inc. v. [read post]
Abbott & Kindermann Land Use Law Blog - http://blog.aklandlaw.com/
2019 CEQA 1st QUARTER REVIEW
23 Apr 2019, 9:23 pm by William W. Abbott, Diane G. Kindermann and Glen C. Hansen
Union of Medical Marijuana Patients, Inc. v. [read post]
Abbott & Kindermann Land Use Law Blog - http://blog.aklandlaw.com/
A Chronicle Of CEQA Alternatives: The First DCA Upholds San Francisco Superior Court’s Approval Of The 5M Project’s EIR
22 Apr 2019, 8:29 pm by William W. Abbott
Abbott & Kristen Kortick South of Market Community Action Network v. [read post]
Abbott & Kindermann Land Use Law Blog - http://blog.aklandlaw.com/
First District Rejects Laundry List Of CEQA Challenges To EIR For Mixed Use 5M Project In Downtown San Francisco
5 Apr 2019, 11:58 am by Arthur F. Coon
Unlike County of Inyo v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Third District Holds Res Judicata Bars Relitigation of CEQA Claims In Second Writ Petition Challenging Reapproved Quarry Project And Partially Recirculated EIR: Barred Claims Were Either Adjudicated Adversely To Petitioner On First Petition, Or Could Have Been Litigated In First Action
27 Mar 2019, 2:57 pm by Arthur F. Coon
” The Court cited as similar the case of Citizens for Open Government v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
State Courts Lack Jurisdiction Over CEQA Challenge To Matters Within FERC’s Jurisdiction In Hydroelectric Dam Relicensure Process For Oroville Dam Facilities
26 Dec 2018, 2:44 pm by Arthur F. Coon
  County of Butte v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Third District Holds Plumas County General Plan Update EIR Complies With CEQA And Update’s Compatible Use Determinations Do Not Violate Timberland Act
27 Nov 2018, 12:27 pm by Arthur F. Coon
  High Sierra Rural Alliance v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Today's Headlines and Commentary
1 May 2018, 11:02 am by Hayley Evans
-led coalition, has defeated the Islamic State in some parts of the country. [read post]
Lawfare - http://www.lawfareblog.com/
First District Rejects Numerous CEQA Challenges To RFEIR For Propane Recovery Project At Phillips 66 Company’s Rodeo Oil Refinery, Affirms Judgment Issuing Limited Writ
20 Apr 2018, 6:04 pm by Arthur F. Coon
Rodeo Citizens Association v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Second District Holds Melrose Triangle Project EIR’s Alternatives Analysis and Responses to Comments Comply with CEQA, Upholds City of West Hollywood’s Findings Rejecting Historic Building Preservation Alternative as Infeasible
12 Jan 2018, 2:17 pm by Arthur F. Coon
  Los Angeles Conservancy v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
The Past Year In CEQA Case Law: A Quick Look Back at 2017
8 Jan 2018, 4:31 pm by Arthur F. Coon
State Water Resources Control Board (2017) 15 Cal.App.5th 991; see 10/11/17 post. [read post]
CEQA Developments - http://www.ceqadevelopments.com