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EIR Satisfies CEQA Despite Minor Deficiencies and Inaccuracies Where Environmental Review Process Not Prejudiced, Third District Holds
2 Nov 2012, 2:17 pm by Arthur F. Coon
Coon of Miller Starr Regalia.  [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fourth District Expounds On CEQA’s Responses To Comments Rules – And Abuses of the Process – As Well As Other Issues In Upholding Supplemental EIR For Expanded Orange County Jail Facility
14 Jul 2015, 4:12 pm by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Analysis Of GHGs Under CEQA Just Got More Complex: Fourth District’s Split Decision Invalidates Program EIR For SANDAG’s 2050 Regional Transportation Plan/Sustainable Communities Strategy
1 Dec 2014, 2:52 pm by Arthur F. Coon
In a 2-1 published opinion filed November 24, 2014, the Fourth District Court of Appeal, Division 1, affirmed and modified the trial court’s judgment granting writ petitions by plaintiff groups challenging the EIR for the San Diego Association of Governments’ (SANDAG) 2050 Regional Transportation Plan/Sustainable Communities Strategy (2050 RTP/SCS). [read post]
CEQA Developments - http://www.ceqadevelopments.com
CEQA’s Unusual Circumstances Exception To Small Structures Categorical Exemption Is Applied By Third District To Water Supply MOU With Indian Tribe
18 Oct 2012, 11:49 am by Arthur F. Coon
Coon of Miller Starr Regalia.  [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fifth District Reaffirms Its CEQA Historicity Rules in Citizens for the Restoration of L Street v. City of Fresno
8 Sep 2014, 1:30 pm by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
“Making CEQA A Federal Case? Recent Actions of California’s Supreme Court and the Federal Surface Transportation Board Set Up A Preemption Showdown”
22 Dec 2014, 11:44 am by Arthur F. Coon and Matthew C. Henderson
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
The “Old College Try” Flunks Out: California Supreme Court Holds CEQA Mitigation Obligation For CSU Campus Expansion Projects Extends Beyond Unsuccessful Effort To Obtain Earmarked Legislative Appropriation
4 Aug 2015, 10:56 am by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Holds Public Agency’s Inadvertent Disclosure of Privileged Documents In Response To PRA Request Does Not Waive Privilege; Decision Has Implications For Administrative Record Preparation Process In CEQA And Other Actions
25 Aug 2015, 2:42 pm by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Recap of 2023 CEQA Amendments Now In Effect
1 Feb 2023, 8:44 am by Arielle Harris
The 2021-2022 Legislative Session was light on CEQA amendments, and once again did not produce any significant reform. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Eight Is Not Enough: CEQA Challenge To Eighth Addendum To San Jose International Airport Master Plan EIR Is Rejected By Sixth District, Which Holds Plan Modifications To Accommodate Projected Decreases In Air Cargo and General Aviation Are Not “New Project” Requiring Supplemental or Subsequent EIR
15 Jul 2014, 3:19 pm by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Navigating Between CEQA’s Scylla and Charybdis: First District Applies Save Tara Analysis and Rejects Claims of Improper Project “Preapproval” in Neighbors For Fair Planning v. City and County of San Francisco
16 Jul 2013, 4:14 pm by Arthur F. Coon
Coon of Miller Starr Regal [read post]
CEQA Developments - http://www.ceqadevelopments.com
Ballot Box Alternatives To CEQA And Land Use Litigation: Recent Developments In The Law Of Initiatives And Referenda
16 Mar 2017, 12:21 pm by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
CEQA Does Not Require City’s General Plan Update EIR to Address Urban Decay Based on Broker’s Speculative Opinion Concerning Effects of Commercial Tenant Square Footage Cap
5 Feb 2018, 2:41 pm by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Winners Beware – Fourth District Upholds Trial Court’s Discretion To Drastically Reduce Successful CEQA Plaintiff’s Fees In Granting CCP §1021.5 “Private Attorney General” Award
15 Apr 2015, 1:50 pm by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Applies CEQA’s “Subsequent Review” Rules, Substantial Evidence Standard of Review; Upholds Subsequent Mitigated Negative Declaration and Modified Master Use Permit for Remote Buddhist Retreat
6 Sep 2016, 11:23 am by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Sixth District Holds Project’s Consistency with General Plan Is Not a CEQA Issue, Upholds Trial Court’s Interlocutory Remand for County Board to Clarify Consistency Findings, and Affirms Judgment Denying Writ Petition Alleging General Plan and CEQA Challenges to Shopping Center Project
31 Aug 2017, 12:38 pm by Arthur F. Coon
Coon of Miller Starr Regalia. [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
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Second District Upholds Application of CEQA’s Class 3 Categorical Exemption For New Small Structures To City’s Approval of Small Car Wash/Coffee Shop Project, Rejects Appellants’ Attempt To Invoke Unusual Circumstances Exception
27 Jul 2016, 11:55 am by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Sixth District Reverses Judgment Finding Specific Plan FEIR Inadequate For Failure To Adequately Analyze And Respond To Comments Regarding School Facilities-Related Impacts; Court Of Appeal Holds FEIR Was Adequate In All Respects And Was Not Required To Speculate Regarding Possible Environmental Impacts From Uncertain Future School District Decisions Made To Accommodate Increased Enrollment Should Funds Prove Unavailable To Construct New Schools Contemplated In Plan
12 Sep 2023, 3:10 pm by Matthew C. Henderson and Arthur F. Coon
On August 10, 2023 the Sixth District Court of Appeal filed its published opinion in Santa Rita Union School District v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Holds CEQA’s Class 3 Categorical Exemption Applies To Installations of Small Telecommunications Equipment On Existing Utility Poles, Recognizes Split In Case Law On Standard of Review For Cumulative Impact Exception
12 Sep 2012, 3:09 pm by Arthur F. Coon
The same appellate panel that decided the controversial Berkeley Hillside Preservation case (which is currently in the briefing stage of Supreme Court review) rendered another significant categorical exemption decision in its recently published opinion in Robinson v. [read post]
CEQA Developments - http://www.ceqadevelopments.com