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“Baseline” Basics: Second District Rejects CEQA Challenge To Hollywood Hotel Project MND Alleging Unanalyzed Human/Housing Displacement Impacts Because Plaintiffs Relied On Incorrect Environmental Baseline
29 Jul 2019, 4:47 pm by Arthur F. Coon
(Millennium Settlement Consulting/1850 North Cherokee, LLC et al., Real Parties in Interest) (2019) ___ Cal.App.5th ___. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Third District Upholds Sustainable Communities Environmental Assessment (SCEA) Used Instead Of Traditional CEQA Document To Approve High-Rise, High-Density Mixed-Use Condo Housing Project In Sacramento’s Midtown
19 Jul 2019, 4:37 pm by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
CEQA Meets RICO: True Stories Of Extortion And Litigation Abuse In Tinseltown
12 Jul 2019, 12:25 am by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
The Curious Case of the EIR Without A “Project”: Third District Rejects CEQA, Statutory Challenges To DOGGR’s “Unique” S.B. 4-Mandated EIR Analyzing Statewide Fracking/Well Stimulation Impacts
19 Jun 2019, 4:51 pm by Arthur F. Coon
In a 38-page opinion filed on May 16, and belatedly ordered published on June 14, 2019, the Third District Court of Appeal affirmed the trial court’s judgment rejecting all of plaintiff/appellant Center for Biological Diversity’s (“CBD”) CEQA and statutory challenges to the EIR that the California Department of Conservation, Division of Oil, Gas and Geothermal Resources (“DOGGR”) was required by S.B. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Third District Holds Res Judicata Bars Relitigation of CEQA Claims In Second Writ Petition Challenging Reapproved Quarry Project And Partially Recirculated EIR: Barred Claims Were Either Adjudicated Adversely To Petitioner On First Petition, Or Could Have Been Litigated In First Action
27 Mar 2019, 2:57 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
When CEQA Gets Ugly: Third District Holds Lay Public Opinion Supports Fair Argument That Project May Have Significant Aesthetic Effect Requiring EIR
18 Dec 2018, 5:24 pm by Arthur F. Coon
County of El Dorado (Simoncre Abbie, LLC, Real Party in Interest) (2018) _____ Cal.App.5th _____. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fourth District Holds San Diego County’s Threshold of Significance for Evaluating GHG Impacts Violates CEQA And Prior Writ
8 Oct 2018, 2:20 pm by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Second District Holds CEQA Does Not Apply to San Luis Obispo County’s Issuance of Well Construction Permits Under Its Ministerial Governing Ordinance
30 Jul 2018, 10:24 am by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Filtering The CEQA Noise: First District Upholds Santa Rosa’s Negative Declaration For “Dream Center” Youth Housing Project, Holds Non-Expert Predictions Of Significant Noise Impacts Failed To Raise “Fair Argument” Supported By Substantial Evidence
4 Jun 2018, 12:10 pm by Arthur F. Coon
A development project’s potential noise impacts can implicate complex and technical issues under CEQA, particularly where those impacts are asserted, in litigation by project opponents challenging a negative declaration, as the sole basis an EIR should have been required. [read post]
CEQA Developments - http://www.ceqadevelopments.com
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
The Past Year In CEQA Case Law: A Quick Look Back at 2017
8 Jan 2018, 4:31 pm by Arthur F. Coon
  (See 12/11/17 post; see also POET, LLC v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
CEQA Remedies Statute Authorizes Writ Partially Decertifying EIR and Leaving Project Approvals In Place
11 Dec 2017, 3:26 pm by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Sixth District Holds Project’s Consistency with General Plan Is Not a CEQA Issue, Upholds Trial Court’s Interlocutory Remand for County Board to Clarify Consistency Findings, and Affirms Judgment Denying Writ Petition Alleging General Plan and CEQA Challenges to Shopping Center Project
31 Aug 2017, 12:38 pm by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Sixth District Holds Project’s Consistency with General Plan Is Not a CEQA Issue, Upholds Trial Court’s Interlocutory Remand for County Board to Clarify Consistency Findings, and Affirms Judgment Denying Writ Petition Alleging General Plan and CEQA Challenges to Shopping Center Project
31 Aug 2017, 12:38 pm by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Sierra Club/CBD Seek Depublication of CEQA Decision Addressing Discretionary/Ministerial Project Approval Distinction
28 Jun 2017, 3:22 pm by Arthur F. Coon
  Also filing and letters in support of the opinion remaining published were the California State Association of Counties, California Building Industry Association, Building Industry Association of the Bay Area, Building Industry Legal Defense Foundation, the County of Kern, a private developer (Cross Development, LLC) represented by Remy Moose Manley, and the law firm of Downey Brand LLP. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fifth District Grants Rehearing, Vacates Prior Published Opinion, and Issues Slightly Modified Published Opinion in POET II CEQA Litigation
9 Jun 2017, 11:58 am by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fifth District Holds CEQA Action Challenging Individual DOGGR Oil Well Permits Not Barred By Res Judicata Based On Prior Judgment Rendered On Mootness/Ripeness Grounds
5 Jun 2017, 1:37 pm by Arthur F. Coon
Department of Conservation (Aera Energy, LLC, Real Party in Interest) (5th Dist. 2017) ___ Cal.App.5th ___ (Case No. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Holds CEQA Action Can Be Brought Directly Against Local Air District to Challenge “Authority to Construct” Issued for Mendocino County Asphalt Production Operation
1 Jun 2017, 3:57 pm by Arthur F. Coon
Mendocino County Air Quality Management District (Grist Creek Aggregates, LLC, et al., Real Parties in Interest) (1st Dist., Div. 1, 2017) ___ Cal.App.5th ___.) [read post]
CEQA Developments - http://www.ceqadevelopments.com
CARB Violated CEQA and Writ in LCFS Litigation, Holds Fifth District, While Leaving New 2015 Regs in Effect
17 Apr 2017, 4:14 pm by Arthur F. Coon
  POET, LLC v. [read post]
CEQA Developments - http://www.ceqadevelopments.com