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“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
Completing the Loop Without Reinventing the Wheel: First District Holds 1998 EIR Adequate Without Further CEQA Review to Analyze Impacts of SF Muni’s Delayed Completion of Dogpatch Area Light Rail Line Loop
27 Dec 2016, 1:32 pm by Arthur F. Coon
  The Committee For Re-evaluation of the T-Line Loop, et al v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Flunking CEQA’s “Fair Argument” Test: Third District Affirms Judgment Upholding MND for El Dorado County Bridge Replacement Project, Rejects Arguments Based on Alleged Significant Impacts on Fire Evacuation Routes During Construction As Insufficient To Require EIR
21 Jun 2021, 8:55 am by Arthur F. Coon
  Newtown Preservation Society, et al. v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Holds CEQA Class 1 Categorical Exemption Applies To Approval of Project Converting Existing Oil Well Into Produced-Water Injection Well Because Changed Use Presents “Negligible” Risk of Environmental Harm
9 Sep 2024, 9:57 am by Arthur F. Coon
  Sunflower Alliance v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Spring CEQA Roundup – 2020
23 Mar 2020, 10:56 am by Arthur F. Coon
  (Citing, e.g., Rich v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Holds CEQA Exhaustion Requirements Don’t Apply to Attorney General, Upholds Adequacy of Most of EIR’s Analysis for BNSF Railyard Project Near Port of Los Angeles
22 Jan 2018, 3:16 pm by Arthur F. Coon
., Xavier Becerra (Attorney General, as Intervener) v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fourth District Holds Addendum Process Authorized By CEQA, No New Findings Required
5 Nov 2018, 2:04 pm by Arthur F. Coon
  Save Our Heritage Organisation v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Sixth District Holds Downtown San Jose Office Project FSEIR’s Brief Discussion And Rejection of “Compensatory” Mitigation for Historic Buildings Razed By Project Was Informationally Adequate Under CEQA Based On City’s Unchallenged Factual Finding That No Similar Historic Buildings Existed Elsewhere In City’s Downtown
22 May 2023, 10:58 am by Arthur F. Coon
Preservation Action Council of San Jose v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
CEQA Plaintiff’s Failure To Appeal Incorrectly Labeled “Interlocutory” Decision Granting Peremptory Writ Barred Appellate Review Of Decision On Later Appeal From Post-Judgment Order Erroneously Labeled “Final Judgment”
3 Dec 2018, 4:08 pm by Arthur F. Coon
”  (Quoting Lyon v. [read post]
CEQA Developments - http://www.ceqadevelopments.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
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
”  (Last quoting Jensen v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Missing the Forest For the Trees: First District Reverses Trial Court, Upholds Project Description And Impact Analysis In Regents’ EIR For Vegetation Removal Projects To Reduce Wildfire Risk At UC Berkeley Hills Campus
20 Jun 2023, 8:42 am by Arthur F. Coon
v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Proposed CEQA Guidelines Amendments: A Critique Of OPR’s “Preliminary Discussion Draft” (Part I – Proposed “Efficiency Improvements”)
18 Sep 2015, 4:54 pm by Arthur F. Coon
Real Estate Group v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
SANDAG RTP/SCS EIR Redux: Is Fourth District’s Published Opinion on Remand Constructive CEQA Compliance Lesson or Moot Exercise?
22 Nov 2017, 11:35 am by Arthur F. Coon
Resources Code, § 21005(a); City of Maywood v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
CEQA Remedies Statute Does Not Authorize Appellate Court To Issue Writ And Supervise Compliance On Direct Appeal, Holds Second District In Partially Published Decision On Remand In Newhall Ranch Case
13 Jul 2016, 3:26 pm by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fourth District Rejects CEQA Challenge To San Diego’s Use of Existing Facilities Categorical Exemption For Mission Beach Amusement Park Lease Amendment and Extension
22 Jan 2019, 11:38 am by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Attorney Labor For Preparing CEQA Administrative Record Is Recoverable Cost Where Specialized Knowledge Required, Holds Fourth District in Partially Published Opinion
1 Oct 2014, 11:29 am by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fourth District Affirms Judgment Upholding CEQA Class 32 Infill Exemption For Costco Gas Station/Parking Lot Project Within Existing Shopping Center
1 Nov 2021, 2:04 pm by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Hitting A CEQA Snag: Third District Affirms Rejection of Statutory Road Abandonment And Brown Act Challenges And Inverse Condemnation Claim, But Holds Placer County Violated CEQA By Adopting Addendum To Wrong Project’s EIR
4 Sep 2020, 4:35 pm by Arthur F. Coon
  Martis Camp Community Association v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Work Done Under Unchallenged CEQA Emergency Exemption Held Part Of Existing Environment Baseline In Subsequent CEQA Challenge To Permanent Permits
2 Mar 2015, 3:31 pm by Arthur F. Coon
CREED-21 v. [read post]
CEQA Developments - http://www.ceqadevelopments.com