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26 May 2015, 10:41 am by Arthur F. Coon
In a published opinion filed May 20, 2015, the Fourth District Court of Appeal reversed the trial court’s judgment granting mandate relief based on a general plan violation, affirmed its denial of relief under CEQA, and thereby upheld the City of Newport Beach’s approval of a mixed-use development within the coastal zone on the 400-acre Banning Ranch property. [read post]
12 May 2015, 12:51 pm by Arthur F. Coon
On May 7, 2015, the Sixth District Court of Appeal filed a published opinion addressing numerous issues of interest under CEQA’s “fair argument” test for preparing an Environmental Impact Report (“EIR”). [read post]
5 May 2015, 5:03 pm by Arthur F. Coon
I recall that Mike Zischke, co-author of CEB’s excellent CEQA treatise, used to be fond of saying the “normal” or “usual rules” for analyzing cumulative impacts should apply to analysis of a project’s greenhouse gas (GHG) emissions under CEQA. [read post]
5 May 2015, 3:26 pm by Brian E. Barreira
The Office of Medicaid now appears to take the position that all assets held in any Irrevocable Trust should be counted for MassHealth purposes, despite having regulations to the contrary. [read post]
5 May 2015, 3:26 pm by Brian E. Barreira
The Office of Medicaid now appears to take the position that all assets held in any Irrevocable Trust should be counted for MassHealth purposes, despite having regulations to the contrary. [read post]
15 Apr 2015, 5:32 am by Daniel Schwartz
My colleague, Gary Starr, has a post today about a recent Connecticut Appellate Court decision (CHRO v. [read post]
3 Mar 2015, 11:19 am by Arthur F. Coon
In a 46-page majority opinion written by Justice Chin and joined by four other justices, punctuated by an 18-page concurring opinion (by Justice Liu, joined by Justice Werdegar) which reads like a dissent, the California Supreme Court reversed the First District Court of Appeal’s judgment in Berkeley Hillside Preservation v. [read post]
2 Mar 2015, 3:31 pm by Arthur F. Coon
In a decision filed January 29, and belatedly ordered published on February 18, 2015, the Fourth District Court of Appeal rejected numerous CEQA (and other) challenges to the City of San Diego’s regular, after-the-fact coastal and site development permits authorizing already-completed emergency storm drainage repair work as well as site revegetation at a hillside site in La Jolla. [read post]
23 Feb 2015, 4:29 am by David DePaolo
Strip away all of the legal mumbo jumbo and the result is obvious.Interstate paid for insurance. [read post]
18 Feb 2015, 10:50 am by Arthur F. Coon
In a lengthy published decision filed February 10, 2015, and addressing consolidated appeals in three related actions, the Third District Court of Appeal affirmed the trial court’s judgment rejecting petitioner and appellant Center for Biological Diversity’s (CBD) CEQA challenge to the California Department of Fish and Wildlife’s (CDFW) Program EIR (PEIR) reviewing on a statewide basis environmental impacts of its statutorily mandated fish hatchery and stocking enterprise –… [read post]
11 Feb 2015, 11:51 am by Arthur F. Coon
I recently analyzed proposed legislation (SB 122) seeking to create an alternative procedure for preparation of the CEQA administrative record concurrently with administrative proceedings on a project and prior to any litigation challenging it. [read post]
22 Jan 2015, 4:43 pm by Arthur F. Coon
California Senate Bill No. 122 (SB 122), introduced by Senators Jackson, Hill and Roth on January 15, 2015, appears to be the newest stab at legislative CEQA “reform. [read post]
8 Jan 2015, 12:07 pm
Morris, deals with the kind of insurance wrangling that can spin out of cases like these. [read post]