Search for: "In the Matter of Estate of Miller"
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17 Oct 2016, 5:02 pm
State Bd. of Education (1982) 32 Cal.3d 779, 795), the Court of Appeal proceeded to hold as a matter of law that the Ordinance did not necessarily constitute a project by virtue of its status as a “zoning ordinance. [read post]
5 Apr 2019, 11:58 am
The Court Of Appeal’s Holdings In applying the foregoing principles to reject Plaintiffs’ numerous assertions of EIR and CEQA defects, the Court of Appeal made the following holdings and determinations: Project Description The DEIR’s project description, reviewed by the Court de novo, was adequate as a matter of law. [read post]
23 Aug 2021, 8:52 am
In a published opinion filed August 19, 2021, the Second District Court of Appeal reversed a judgment of the Los Angeles County Superior Court that found fault with the EIR for an improvement project within the San Gabriel Mountains National Monument portion of the Angeles National Forest. [read post]
3 Mar 2015, 11:19 am
In finally reversing and remanding after its 2012 grant of review, the Supreme Court in its majority opinion made a number of key points: As a foundational matter, the Court treated the CEQA Guidelines as binding regulatory mandates. [read post]
27 Mar 2008, 5:55 pm
Securities Litigation Blog Dealing with securities-related matters, and authored by attorneys John Jordak and Susan Hurd of Alston & Bird. [read post]
7 Dec 2022, 8:33 am
” Miller Slip op. at 13 (citation omitted). [read post]
29 Mar 2012, 12:00 am
Clio allows you to manage your matters, clients, time, bills, trust accounts and more all through a a secure, easy-to-use, web-based interface. [read post]
21 Jun 2021, 7:45 am
No matter how perfectly drafted your estate planning documents might be, there’s no guarantee they’ll survive a future undue-influence challenge because the definition of what we exactly mean by “undue influence” is a moving target. [read post]
8 May 2017, 1:00 am
Miller & Ors v Ministory of Justice; O’Brien v Ministry of Justice; and Walker v Innospec Ltd & Ors, heard 8-9 Mar 2017. [read post]
21 Feb 2020, 11:17 am
The late Harvey Miller once argued to me that the lack of venue motions indicated that everyone was cool with the venue. [read post]
23 Dec 2019, 1:36 pm
After the City’s Planning and Design Review Commission recommended adoption of the updated General Plan with five supplemental changes and certification of the related EIR in January 2015, the City Council published notice that it would consider those matters with a number of additional supplemental changes in February 2015, and ultimately certified the Final EIR and approved the 2035 General Plan in March 2015. [read post]
12 May 2015, 12:51 pm
On May 7, 2015, the Sixth District Court of Appeal filed a published opinion addressing numerous issues of interest under CEQA’s “fair argument” test for preparing an Environmental Impact Report (“EIR”). [read post]
6 Jan 2021, 4:47 pm
In a published opinion filed December 29, 2020, the First District Court of Appeal affirmed a judgment denying a petition for writ of mandate filed by the Santa Clara Valley Water District (District) challenging waste discharge requirements (WDRs) belatedly imposed by a responsible agency, the San Francisco Bay Regional Water Quality Control Board (Board), on lead agency District’s flood control project. [read post]
25 Jun 2018, 2:40 pm
In a published opinion filed June 13, 2018, the Second District Court of Appeal (Div. 4) affirmed a judgment denying a writ of mandate and declaratory relief in an action challenging the California State Lands Commission’s (“Commission”) determination that CEQA Guidelines § 15301’s categorical exemption for “existing facilities” applied to its renewal of PG&E’s leases of state-owned lands needed to operate the Diablo Canyon nuclear power plant until… [read post]
29 Aug 2023, 10:05 am
“I fought the law and the law won” – The Crickets In an opinion filed July 19, and later ordered published on August 16, 2023, the Second District Court of Appeal (Div. 6) reversed the trial court’s grant of a preliminary injunction in a CEQA action enjoining the Santa Barbara County Road Commissioner from enforcing public laws by removing unpermitted encroachments from a public right-of-way. [read post]
4 Apr 2022, 1:15 pm
In a published decision filed March 30, 2022, the First District Court of Appeal (Division 5) reversed a trial court judgment upholding the reissued final environmental impact report (“RFEIR”) for a 44-single family residence project on a unique, species- and habitat- rich 32-acre site in the City of Livermore’s Garaventa Hills area. [read post]
27 Mar 2020, 6:32 pm
The Court acknowledged that the exhaustion requirement is “not a matter of judicial discretion, but is a fundamental rule of procedure … binding upon all courts” (Plantier v. [read post]
9 Sep 2016, 12:17 pm
., projected the plan amendment’s strategies — including backfilling the Quarry pit with fill containing mixed organic matter and placing non-limestone material on exposed limestone areas — would ultimately reduce the Quarry’s release of selenium and result in water quality meeting acceptable standards. [read post]
19 Jun 2019, 4:51 pm
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]
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]
