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Fourth District Rejects Coastal Act/CEQA-Based Challenges To Commission’s Certification of San Diego Port Plan Amendment As Time-Barred For Failure To Join Indispensable Parties Within Limitations Period
3 Oct 2019, 3:51 pm by Arthur F. Coon
  The amendment allows expansion of the San Diego Convention Center by the City of San Diego (City) and of the adjacent Hilton San Diego Bayfront hotel by One Park Boulevard, LLC (One Park). [read post]
CEQA Developments - http://www.ceqadevelopments.com
CEQA Wars: The Developer Strikes Back (In Federal Court)
19 Aug 2019, 1:31 pm by Arthur F. Coon
  Icon at Panorama, LLC v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
“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
Fourth District Holds CEQA Does Not Require City To Predict ESHA Determinations In Approving Project Over Which Coastal Commission Retains Permitting Jurisdiction, And Applies Deferential Standard In Reversing Trial Court’s General Plan Inconsistency Finding
26 May 2015, 10:41 am by Arthur F. Coon
City of Newport Beach (Newport Banning Ranch LLC, et al., Real Parties in Interest) (4th Dist., Div. 3, 2015) ___ Cal.App.4th ___, 2015 WL 2399347. [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
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
Sixth District Holds Downtown San Jose Office Project FSEIR’s Brief Discussion And Rejection of “Compensatory” Mitigation for Historic Buildings Razed By Project Was Informationally Adequate Under CEQA Based On City’s Unchallenged Factual Finding That No Similar Historic Buildings Existed Elsewhere In City’s Downtown
22 May 2023, 10:58 am by Arthur F. Coon
City of San Jose (SJ Cityview, LLC, Real Party in Interest) (2023) ___ Cal.App.5th ___. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Is More Litigation the Remedy for Meritless CEQA Litigation? Fourth District Concludes Malicious Prosecution Action Against Losing CEQA Plaintiffs Survives Anti-SLAPP Motion
17 May 2021, 10:27 am by Arthur F. Coon
The trial court denied the Ranch’s petition for writ of mandate and complaint, and the Court of Appeal affirmed that judgment in Clews Land and Livestock, LLC v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Reversal of Misfortune: Second District Holds CEQA Action Challenging Los Angeles Housing Development Project Barred By Statute of Limitations, Reverses Trial Court Judgment Rejecting MND and Requiring EIR
29 Jan 2024, 8:41 am by Arthur F. Coon
City of Los Angeles (TTLE Los Angeles – El Sereno LLC et al, Real Parties in Interest) (2024) 98 Cal.App.5th 1087. [read post]
CEQA Developments - http://www.ceqadevelopments.com
“For the Record”: Fourth District Holds CEQA’s “Mandatory” And “Broadly Inclusive” Administrative Record Statute Requires Lead Agency To Retain Documents Within Its Scope And Not Destroy Them Prior To Record Preparation
5 Aug 2020, 2:39 pm by Arthur F. Coon
  Golden Door Properties, LLC et al. v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fourth District Holds Agency’s Removal of Conservation Designation From Land Formerly Protected Under MSHCP Is “Project” Subject to CEQA; Class 7 and 8 Categorical Exemptions for Environmentally Protective Regulatory Actions Do Not Apply
2 Jul 2015, 1:35 pm by Arthur F. Coon
Western Riverside County Regional Conservation Authority (Anheuser-Busch, LLC, Real Party in Interest) (4th Dist., Div. [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
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
First District Affirms Judgment Upholding MND for Rural Sonoma County Winery Project, Holds Unsubstantiated Expert Opinion Fails to Support Fair Argument of Geologic, Erosion Or Groundwater Impacts
28 Oct 2019, 1:12 pm by Arthur F. Coon
(James Bailey, Knights Bridge Vineyards, LLC, Real Parties in Interest) (2019) _____ Cal.App.5th _____. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Affirms Judgment Upholding Statutory CEQA Exemption For Housing Project Consistent With EIR-Reviewed Specific Plan, Rejects Claims That Changes In Project Or Circumstances Required Subsequent EIR
8 Feb 2022, 10:29 am by Arthur F. Coon
., (SI XVII, LLC, et al, Real Parties in Interest) (2022) ___ Cal.App.5th ___. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Third District Affirms Judgment Upholding State Lands Commission’s Supplemental EIR For Desalination Plant Lease Modification, Rejects CEQA Claims That Commission Piecemealed Review And Should Have Assumed Lead Agency Status And Prepared A Subsequent EIR
11 May 2021, 11:48 am by Arthur F. Coon
State Lands Commission (Poseidon Resources (Surfside) LLC, Real Party in Interest) (2021) ___ Cal.App.5th ___. [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
(Millennium Hollywood LLC, Real Party in Interest) (2019) ___ Cal.App.5th ___. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Proposed CEQA Guidelines Amendments: A Critique of OPR’s “Preliminary Discussion Draft” (Part III – Proposed “Minor Technical Improvements”)
26 Oct 2015, 3:24 pm by Arthur F. Coon
City of Sacramento (2015) 234 Cal.App.4th 549 [city’s steps toward planning its new downtown entertainment and sports center prior to completing CEQA review, including preliminary non-binding term sheet, “favor of and advocacy for” preferred downtown site, and exercise of eminent domain to acquire site did not constitute unlawful premature commitment to project]; POET, LLC v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fifth District Decides Significant CEQA Air Quality/Health Impact Analysis and Mitigation Issues In Sierra Club v. County of Fresno
16 Jun 2014, 2:47 pm by Jamie Dierks
In a lengthy and scholastic published opinion filed May 27, 2014, the Fifth District Court of Appeal reversed and remanded the trial court’s decision, which had upheld the EIR and other approvals (including a General Plan Amendment, Specific Plan, rezoning, and Development Agreement) for the Friant Ranch project. [read post]
CEQA Developments - http://www.ceqadevelopments.com
California Supreme Court Holds Banning Ranch EIR Violates CEQA by Failing to Identify and Analyze Coastal Zone Project’s Impacts on Potential Environmentally Sensitive Habitat Areas (ESHA); Declines to Reach General Plan Issues
31 Mar 2017, 3:37 pm by Arthur F. Coon
City of Newport Beach (Newport Banning Ranch LLC, et al., Real Parties in Interest) (2017) ___ Cal.5th ___. [read post]
CEQA Developments - http://www.ceqadevelopments.com