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Fourth District Rejects CEQA Challenge To MND For Small Rural High School Project Based On Challenger’s Failure To Exhaust Available Administrative Appeal And On Merits
16 Jan 2018, 10:26 am by Arthur F. Coon
Clews Land and Livestock, LLC v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Third Time Is Not The Charm: Fourth District Affirms Judgment Setting Aside San Diego County’s Climate Action Plan And Related Supplemental EIR Approvals Due To CEQA Violations
29 Jun 2020, 9:31 am by Arthur F. Coon
  (Golden Door Properties, LLC v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Third District Holds Plumas County General Plan Update EIR Complies With CEQA And Update’s Compatible Use Determinations Do Not Violate Timberland Act
27 Nov 2018, 12:27 pm by Arthur F. Coon
  High Sierra Rural Alliance v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Second District Holds Brown Act Requires Lead Agency To List CEQA Exemption As Item of Business On Agenda For Public Meeting When Project Already Found Exempt By Staff Is Considered For Approval
31 Oct 2022, 12:32 pm by Arthur F. Coon
Industries v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Supreme Court Addresses CEQA Subsequent Review Rules in San Mateo Gardens Case
22 Sep 2016, 4:55 pm by Arthur F. Coon
Lishman (2006) 140 Cal.App.4th 1288), or a more deferential “substantial evidence” standard of review (as held by Mani Brothers Real Estate Group v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Second District Upholds EIR for Kern Water Bank Recharge Project Involving Diversion of Unappropriated Kern River Water In Certain Wet Years; Rejects CEQA Claims Alleging Inconsistent Project Description, Inaccurate Environmental Setting, And Inadequate Water Supply Impacts Analysis
24 Mar 2022, 4:56 pm by Arthur F. Coon
  Buena Vista Water Storage District v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Delineating CEQA’s Scope: First District Holds CEQA Does Not Apply To Ministerial Approval Of Multifamily Housing Project Allowed By Right Under Zoning Where City’s Discretion Was Limited To Design Review
14 Jan 2019, 11:59 am by Arthur F. Coon
Industry Assn. v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Supreme Disappointment: High Court’s Narrow Opinion In SANDAG RTP/SCS EIR Case Offers Little Guidance On CEQA GHG Analysis
17 Jul 2017, 4:44 pm by Arthur F. Coon
” (Cleveland National Forest Foundation, et al v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fifth District Holds EIR For Kern County’s Ministerial Oil and Gas Well Permitting Ordinance Violates CEQA Due To Improperly Deferred Mitigation For Water Supply Impacts, Inadequate Mitigation For Farmland Conversion, And Inadequate Analysis of Noise Impacts
3 Mar 2020, 4:53 pm by Arthur F. Coon
  King and Gardiner Farms, LLC v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Sixth District Rejects SMARA And CEQA Challenges To Permanente Quarry Reclamation Plan Amendment And Related EIR
9 Sep 2016, 12:17 pm by Arthur F. Coon
Bay Area Clean Environment, Inc. v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Residential Project Exempt From CEQA Review Under Government Code Section 65457 As Consistent With Specific Plan For Which Program EIR Previously Certified; First District Also Holds New GHG Thresholds Do Not Constitute “New Information” Requiring Supplemental EIR For Specific Plan
10 Apr 2013, 3:20 pm by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Can a Responsible Agency Get A Second Bite At The CEQA Apple? First District Says “Sometimes, Yes,” Upholds Regional Water Board’s Imposition of Additional Mitigation On Flood Control Project Through “Independent” Porter-Cologne Act Authority Exercised Subsequent To Grant Of CWA § 401 Water Quality Certification Based On Lead Agency’s Unchallenged Final EIR
6 Jan 2021, 4:47 pm by Arthur F. Coon
  Santa Clara Valley Water District v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Are Urban Land Uses And Project Design Components Fungible For CEQA Project Description Purposes As Long As Maximum Possible Environmental Impacts Are Disclosed And Analyzed? Second District Doesn’t Think So, Holds Controversial Millennium Hollywood Project EIR’s “Blurry” Project Description Violates CEQA
29 Aug 2019, 7:56 am by Arthur F. Coon
  Stopthemillenniumhollywood.com, et al. v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
When CEQA Litigation Turns Tortious: First District Affirms Order Denying Anti-SLAPP Motion, Allows Malicious Prosecution Action To Proceed Against Counsel Who Brought Unsuccessful CEQA Challenge To Single-Home Project
3 Jan 2023, 4:25 pm by Arthur F. Coon
  Such is the teaching of the First District Court of Appeal’s December 28, 2022 published opinion in Charles Jenkins et al v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Holds CEQA Statute Of Limitations Bars Citizens Group’s Challenge To College Of San Mateo Tree Cutting
23 Jun 2014, 10:20 am by Arthur F. Coon
  Citizens for a Green San Mateo v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
The Opposite of CEQA Reform: Legally Flawed AB 890 Would Expand Opportunities for CEQA Litigation Abuse While Abridging Constitutional Local Initiative Rights
19 Sep 2017, 3:13 pm by Arthur F. Coon and Bryan W. Wenter, AICP
  (Id., quoting Duran v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
The Opposite of CEQA Reform: Legally Flawed AB 890 Would Expand Opportunities for CEQA Litigation Abuse While Abridging Constitutional Local Initiative Rights
19 Sep 2017, 3:13 pm by Arthur F. Coon and Bryan W. Wenter, AICP
  (Id., quoting Duran v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fourth District Reverses Judgment Granting Writ and Holds City of Upland’s MND For Warehouse Project Satisfies CEQA; Rejects Arguments That City’s Choice and Application of Quantitative GHG Significance Threshold Lacked Substantial Evidence Support
27 Sep 2024, 12:28 pm by Arthur F. Coon
  (See, Rominger v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
A Teaching Moment? First District Affirms CEQA Action Demurrer Order Finding Late-Joined Developers of UC Berkeley Campus Project Were Necessary, But Not Indispensable, Real Parties In Interest
26 Oct 2021, 4:48 pm by Arthur F. Coon
”  (Citing Tinsley v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fourth District Applies CEQA’s “Murky” Piecemealing Tests To Reject “Project Definition” Challenge To Park Development in Banning Ranch Conservancy
23 Jan 2013, 12:22 pm by Arthur F. Coon
  The Fourth District’s recently-published decision in Banning Ranch Conservancy v. [read post]
CEQA Developments - http://www.ceqadevelopments.com