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Sixth District Holds City Of San Jose’s Action In Seeking And Accepting Streambed Alteration Agreement From California Department Of Fish And Wildlife Is Not New Discretionary Approval For City’s Historic Trestle Demolition/Bridge Construction Project, And Thus Does Not Trigger Subsequent CEQA Review
22 May 2020, 1:21 pm by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Some CEQA Reminders From The Third District: Urban Decay Requires Actual Mitigation When Identified By EIR As A Significant Project Impact – And Be Careful What You Find
14 Apr 2014, 5:37 pm by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Rejects CEQA Challenge To “Plan Bay Area” Sustainable Communities Strategy EIR As Premised On Fundamental Misinterpretation of SB 375
1 Aug 2016, 11:25 am by Arthur F. Coon
  Bay Area Citizens v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fourth District Upholds Use of CEQA Writ Action Discovery Directed To Standing Issue, Affirms Trial Court’s Terminating Sanction For Plaintiff’s Failure To Comply
20 Dec 2017, 3:59 pm by Arthur F. Coon
Coon, posted July 18, 2017.) [read post]
CEQA Developments - http://www.ceqadevelopments.com
CDFA Program EIR Violates CEQA By Failing To Analyze Invasive Moth Control Program As Alternative To Eradication, Holds Third District
9 Jan 2016, 1:21 pm by Arthur F. Coon
(Citing Garcia v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Upholds CEQA Class 3 Categorical Exemption For Single Family Residence Projects In Berkeley Hills, Rejects Claim That “Location” Exception Applies Based On Site’s Location Within Mapped Earthquake Fault And Landslide Areas
12 Feb 2019, 10:30 am by Arthur F. Coon
”  Berkeley Hills Watershed Coalition v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Not A CEQA “Project”? Not So Fast, Lead Agency! Supreme Court Reverses Fourth District’s Decision That San Diego’s Adoption of Medical Marijuana Dispensary Ordinance Was Not A Project Requiring CEQA Review
21 Aug 2019, 8:51 pm by Arthur F. Coon
  Union of Medical Marijuana Patients, Inc. v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
CEQA Does Not Require Local Lead Agency To Provide For Administrative Appeal To Elected Body of Nonelected Body’s Decision That Project Changes Require No Subsequent Review
19 Dec 2016, 8:36 am by Arthur F. Coon
California v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
CEQA Roundup – February 2019
26 Feb 2019, 10:24 am by Arthur F. Coon
City of Irvine (2005) 125 Cal.App.4th 1110 (“Royalty”) and Friends of Riverside’s Hills v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
“CEQA-In-Reverse” Case on Remand: First District Holds BAAQMD’s 2010 Air Pollutant Thresholds Not Facially Invalid, But Can’t Be Used For Primarily Intended Purpose
18 Aug 2016, 8:22 am by Arthur F. Coon
  (See Rominger v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Third District Affirms Judgment Denying CEQA Writ Petition Challenging Sacramento County’s Approval of Mather South Community Master Plan, Issues Narrow Holding Rejecting Challenges to County’s GHG Thresholds Methodology In Partially Published Opinion
22 Sep 2023, 8:57 am by Arthur F. Coon
Tsakopoulos Investments, LLC v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Holds CEQA Categorical Exemptions For Regulatory Agency Actions To Protect The Environment Apply To Marin County’s Plastic Bag Ban Ordinance, Recognizes Case Law Split On Standard Of Review For Exceptions
5 Aug 2013, 11:43 am by Arthur F. Coon
  (Save the Plastic Bag Coalition v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Upholds Use of Government Code Section 65457 CEQA Exemption For Downtown Livermore Affordable Housing Project, Roundly Rejects Meritless Arguments of NIMBY Opposition
7 Feb 2023, 12:07 pm by Arthur F. Coon and Arielle Harris
  (Save Livermore Downtown v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fourth District Upholds San Diego’s CEQA Class 3 Categorical Exemption Determination For Verizon’s Faux Tree Wireless Telecommunications Facility In Dedicated Public Park, Rejects City Charter Inconsistency Arguments
26 Mar 2018, 4:29 pm by Arthur F. Coon
”  (Tomlinson v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
When CEQA Gets Ugly: Third District Holds Lay Public Opinion Supports Fair Argument That Project May Have Significant Aesthetic Effect Requiring EIR
18 Dec 2018, 5:24 pm by Arthur F. Coon
  Georgetown Preservation Society v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fourth District Holds CEQA Challenge To Ministerial Approval Of Development Project Modifications Barred By Res Judicata, Water Supply Assessment Not Required
1 Oct 2018, 2:28 pm by Arthur F. Coon
Tide Inc. v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Comparing the Innovation Act and the STRONG Patents Act: competing proposals for patent reform
23 Mar 2015, 5:43 am by Jim Singer
In the 2014 case of Octane Fitness LLC v. [read post]
IP Spotlight - http://ipspotlight.com
Third District Upholds Sustainable Communities Environmental Assessment (SCEA) Used Instead Of Traditional CEQA Document To Approve High-Rise, High-Density Mixed-Use Condo Housing Project In Sacramento’s Midtown
19 Jul 2019, 4:37 pm by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Recent Cases Show How CEQA’s Applicability And Substantive EIR Requirements Are Determined By Meaningful Agency Discretion
7 Jan 2013, 11:25 am by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Sixth District Holds CEQA’s “Fair Argument” Test Inapplicable To City Of San Jose’s Discretionary Determination That 1922 Wooden Railroad Trestle Is Not Historical Resource
15 Aug 2016, 10:51 am by Arthur F. Coon
” A State Historic Preservation Officer letter stated the 2004 project would not affect any “historic properties. [read post]
CEQA Developments - http://www.ceqadevelopments.com