Search for: "Arthur F. Coon"
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21 Feb 2023, 1:21 pm
” (Citing CEQA Guidelines, § 15168(c)(2) [“[i]f the agency finds that pursuant to Section 15162, no subsequent EIR would be required, [it] can approve the activity as being within the scope of the project covered by the program EIR, and no new environmental document [is] required. [read post]
19 Feb 2023, 6:57 pm
Please contact Arthur F. [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]
1 Feb 2023, 8:44 am
The 2021-2022 Legislative Session was light on CEQA amendments, and once again did not produce any significant reform. [read post]
30 Jan 2023, 11:34 am
Please contact Arthur F. [read post]
23 Jan 2023, 9:27 am
Please contact Arthur F. [read post]
10 Jan 2023, 3:28 pm
As all CEQA practitioners know, a prospective petitioner in a writ proceeding challenging a CEQA determination must first exhaust available administrative remedies as a prerequisite to filing suit. [read post]
3 Jan 2023, 4:25 pm
While CEQA is a complicated area of law, often criticized as a “plaintiff’s sandbox,” CEQA litigation is not a “free-for-all” immune from malicious prosecution actions when it is unsuccessfully pursued with malice and without probable cause. [read post]
2 Jan 2023, 1:59 pm
In a published opinion filed December 6, 2022, the Third District Court of Appeal reversed in part and affirmed in part the trial court’s judgment denying writ petitions in consolidated actions challenging the EIR for a major state government project affecting the Historic State Capitol Building and Annex in Sacramento. [read post]
19 Dec 2022, 11:07 am
In an opinion filed on November 14, and later certified for publication on December 13, 2022, the First District Court of Appeal (Div. 3) affirmed a Sonoma County Superior Court judgment upholding the EIR for a 180-unit apartment complex proposed on a 15.45-acre parcel of vacant land along the Petaluma River. [read post]
7 Dec 2022, 4:07 pm
“Yes, Virginia, there is a Santa Claus. [read post]
7 Dec 2022, 9:03 am
Please contact Arthur F. [read post]
5 Dec 2022, 8:46 am
Please contact Arthur F. [read post]
23 Nov 2022, 3:34 pm
“We didn’t start the fire…. [read post]
31 Oct 2022, 12:32 pm
In a published opinion filed October 26, 2022, the Second District Court of Appeal (Div. 6) appears to have significantly expanded the reach of both the Brown Act and the procedural requirements of CEQA in holding, on an issue of first impression, that a public agency must list its staff’s determination that a project is exempt from CEQA as an item of business on the agenda for the meeting at which it considers the project approval. [read post]
20 Sep 2022, 9:10 am
Please contact Arthur F. [read post]
26 Aug 2022, 9:01 pm
Please contact Arthur F. [read post]
25 Aug 2022, 11:34 am
Please contact Arthur F. [read post]
19 Aug 2022, 3:20 pm
Please contact Arthur F. [read post]
7 Aug 2022, 5:48 pm
In a 5-2 opinion filed August 1, 2022, a divided California Supreme Court held the Federal Power Act (“FPA”; 16 U.S.C. [read post]
