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9 Apr 2020, 2:11 pm
On April 2, 2020, the Second Appellate District Court of Appeal (Division 5) filed its published opinion in Coalition for an Equitable Westlake/MacArthur Park v. [read post]
Latest Proposed CEQA Legislation (SB 122) Seeks To Reform Administrative Record Process – At A Price
22 Jan 2015, 4:43 pm
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]
28 Jun 2017, 3:22 pm
On June 16, 2017 – without seeking either rehearing in the First District Court of Appeal or review by the Supreme Court – losing appellants Sierra Club and Center for Biological Diversity filed a letter asking the Supreme Court to depublish the First District’s (Division 1) recent opinion in Sierra Club v. [read post]
29 Nov 2020, 8:08 pm
“The life of the law has not been logic: it has been experience. [read post]
3 May 2021, 9:58 am
In an 85-page opinion filed March 25, and modified and certified for partial publication on April 23, 2021, the First District Court of Appeal affirmed the Napa County Superior Court’s judgment denying a writ petition challenging the County’s EIR and approvals for an expansion of Syar Industries, Inc. [read post]
4 Aug 2014, 3:17 pm
While CEQA actions are statutorily designed as special proceedings with priority over other civil actions, and thus mandated to be heard and resolved expeditiously, when complex or controversial projects with dedicated opposition are involved this salutary statutory scheme sometimes goes off track. [read post]
11 Oct 2019, 4:01 am
Divorce – Richard de Boo Publisher 1954 – Labour Law and Labour Relations and Counselling the average Businessman – Richard de Boo Publisher 1955 – Evidence – Richard de Boo Publisher 1956 – Bankruptcy and Municipal Law – Richard de Boo Publisher 1957 – Estate Planning – Richard de Boo Publisher 1961 – Remedies – Richard de Boo Publisher 1962 – Claims under Insurance Policies – Richard de Boo Publisher 1963… [read post]
21 Mar 2024, 9:24 am
In a partially published (but mostly unpublished) opinion filed on March 7, 2024, the Fifth District Court of Appeal reversed the trial court’s judgment and writ-discharge order which had upheld Kern County’s most recently revised “streamlined permitting” ordinance for oil and gas wells and its associated CEQA review. [read post]
26 Mar 2018, 4:29 pm
In a published opinion filed March 15, 2018, the Fourth District Court of Appeal (Division One) affirmed the trial court’s judgment denying a writ petition and complaint challenging the City of San Diego’s approvals of a wireless telecommunications facility to be constructed by real party Verizon Wireless in Ridgewood Neighborhood Park, a dedicated park. [read post]
23 Mar 2020, 10:56 am
Time for some “spring cleaning” updates on several notable CEQA-related matters. [read post]
3 Oct 2019, 3:51 pm
In a 68-page published opinion filed September 27, 2019, the Fourth District Court of Appeal (Div. [read post]
23 May 2024, 4:54 pm
In an opinion filed April 18, and belatedly ordered published on May 15, 2024, the Third District Court of Appeal reversed the trial court’s order discharging the peremptory writ of mandate that was issued following the Court of Appeal’s earlier direction in Save Our Capitol! [read post]
4 Mar 2021, 5:22 pm
“The more I know, the less I understand/All the things I thought I’d figured out, I have to learn again” – Don Henley, “The Heart of the Matter” One of CEQA’s bedrock principles is that environmental review must precede project approval. [read post]
17 May 2013, 10:15 am
There has been a lot of buzz around proposed SB 731, which is working its way through the State Legislature and will be heard Monday, May 20, in the Senate Appropriations Committee. [read post]
3 Oct 2010, 2:35 pm
., and CLEAN SWEEP SUPPLY COMPANY, Appellees. 2nd District.Wrongful death -- Nursing homes -- Arbitration -- Trial court did not err in compelling arbitration of estate's wrongful death claim against nursing home pursuant to arbitration provision in admission agreement -- Nursing home arbitration agreement executed by a patient is binding on his estate and survivors in wrongful death claim -- Question certified: Does the execution of a nursing home arbitration agreement by a… [read post]
28 Sep 2021, 10:40 am
Against the backdrop of another severe drought, water supply and impact issues continue to be points of contention for water agencies, water users, conservation groups, and the state. [read post]
25 Sep 2017, 4:09 pm
In a published opinion filed September 19, 2017, the First District Court of Appeal reversed the trial court’s denial of a writ petition challenging defendant California Department of Pesticide Regulation’s (“Department”) approval of label amendments for two pesticides containing an active ingredient toxic to honeybees. [read post]
7 Feb 2023, 12:07 pm
In an opinion in a much-publicized case, filed December 28, 2022, and later ordered published on January 26, 2023, the First District Court of Appeal (Div. 3), upheld the City of Livermore’s (“City”) approval of a 130-unit affordable housing project on a downtown infill site and its accompanying determination that the project was CEQA-exempt under Government Code section 65457 (“Section 65457”). [read post]
26 Aug 2014, 10:59 am
In a lengthy, mostly-unpublished opinion filed on August 14, 2014, the First District Court of Appeal affirmed the superior court’s judgment denying a writ petition challenging the Parkmerced Development Project. [read post]
6 Jul 2021, 8:55 am
In a published opinion filed June 30, 2021, the First District Court of Appeal applied well-established CEQA statute of limitations rules, and a “persuasive dictum” from one of its prior decisions addressing the requirements for valid tolling agreements, to affirm a judgment dismissing a CEQA claim as time-barred. [read post]