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Third District Dismisses Appeal In CEQA Case As Moot Where Plaintiff Failed To Timely Seek Or Obtain Preliminary Injunction And Project Construction Was Completed Before Trial
21 Sep 2020, 1:26 pm by Arthur F. Coon
  (Citing Wilson & Wilson v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Hitting A CEQA Snag: Third District Affirms Rejection of Statutory Road Abandonment And Brown Act Challenges And Inverse Condemnation Claim, But Holds Placer County Violated CEQA By Adopting Addendum To Wrong Project’s EIR
4 Sep 2020, 4:35 pm by Arthur F. Coon
City of Petaluma (1986) 185 Cal.App.3d 1065, 1079-1081.) [read post]
CEQA Developments - http://www.ceqadevelopments.com
Supreme Court Holds Stanislaus County Well Permit Decisions Under State Standards Are Neither Categorically Ministerial Nor Categorically Discretionary In Nature; Rather, Whether CEQA-Triggering Discretion Exists Must Be Determined On Case-By-Case Basis
28 Aug 2020, 12:25 pm by Arthur F. Coon
Fish & Game Com. (1997) 16 Cal.4th 105, 117; Leach v. [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
California Supreme Court CEQA Update: Summer 2020
22 Jul 2020, 3:01 pm by Arthur F. Coon
The high court’s other currently pending CEQA case is County of Butte v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Back To CEQA Basics: Second District Teaches That CEQA Requires Judicial Deference To Lead Agency’s Chosen Baseline, Failure To Administratively Exhaust “Exact Issue” Results In Forfeiture, And An EIR Is Not Faulty For Omitting Immaterial Information
21 Apr 2020, 1:11 pm by Arthur F. Coon
City of Richmond (2010) 184 Cal.App.4th 70; Rodeo Citizens Assn. v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Second District Reaffirms Rule That Filing of Facially Valid NOD Triggers Short CEQA Statute of Limitations And Plaintiff May Not “Go Behind” Agency’s Declarations In Document To Challenge Validity of Project Approval
9 Apr 2020, 2:11 pm by Arthur F. Coon
  (Citing County of Amador v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Once More Into the “Brambled Thicket”: Fourth District Reverses Ruling Sustaining Demurrer to Action Challenging Caltrans’ Claim of Statutory CEQA Exemption For Freeway Interchange Project, Holds Streets and Highways Code § 103’s Coastal Commission Exemption Does Not Apply And That Petition Adequately Pleaded Estoppel Against Caltrans to Assert 35-Day Statute of Limitations Based on NOE Filing
1 Apr 2020, 4:33 pm by Arthur F. Coon
& Hwys. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Recent Decisions and Legislation March 16, 2020
31 Mar 2020, 2:30 pm by Joel R. Brandes
The husband’s seven-year term was presumably based on the formula for postdivorce maintenance set forth in Domestic Relations Law § 236(B)(6)(f). [read post]
New York Divorce and Family Law Blog - http://brandeslaw.blogspot.com/
Second District Affirms Judgment Invalidating City of Agoura Hills’ Mixed-Use Project Approvals and Related MND Based On CEQA and Local Oak Tree Ordinance Violations
27 Mar 2020, 6:32 pm by Arthur F. Coon
”  (City of Long Beach v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Spring CEQA Roundup – 2020
23 Mar 2020, 10:56 am by Arthur F. Coon
  (Citing, e.g., Rich v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Third District Affirms Judgment Rejecting CEQA Challenges To EIR For Cordova Hills Master Planned Community Project
6 Mar 2020, 2:54 pm by Arthur F. Coon
City of Ranch Cordova (2007) 40 Cal.4th 412, 431.) [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
Making Attorney Misconduct Pay, Texas Supreme Court Shows the Way: A Critical Comment on Bethel v. Quilling (Tex. 2020) (rejecting criminal-conduct exception to "attorney immunity" in Texas)
21 Feb 2020, 10:37 am by MOTP
City of Dallas v. [read post]
Texas Causes of Action Blawg - http://causeofactionelements.blogspot.com/
What’s On Their Minds: Private Sector Employer Drug Testing and Employee Invasion of Privacy. Donna L. Lunsford et al. v. Sterilite of Ohio, LLC et al.
3 Feb 2020, 4:33 am by MBettman
City of Cleveland, 661 F. [read post]
Legally Speaking Ohio - http://www.legallyspeakingohio.com
Is the Popularity of Short-Term Rentals Sustainable, or Will Regulations Weaken Their Current Stronghold?
8 Jan 2020, 10:12 am by Whitney Hodges
Host Compliance, LLC is a San Francisco-based company that helps cities and counties enforce STR laws. [read post]
Real Estate and Construction Law Blog - http://www.realestatelanduseandenvironmentallaw.com/
Is the Popularity of Short-Term Rentals Sustainable, or Will Regulations Weaken Their Current Stronghold?
8 Jan 2020, 10:12 am by Whitney Hodges
Host Compliance, LLC is a San Francisco-based company that helps cities and counties enforce STR laws. [read post]
Real Estate and Construction Law Blog - http://www.realestatelanduseandenvironmentallaw.com/
“ROG Won: A CEQA Wars Story” – Third District Holds Geothermal Energy Project EIR’s Rejection Of Proposed Mitigation Measures For Significant ROG Fugitive Emissions Impact Violated CEQA Where No Substantial Evidence Showed Measures’ Infeasibility
3 Jan 2020, 3:29 pm by Arthur F. Coon
City Council (1991) 229 Cal.App.3d 1011, 1029; Sierra Club v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Out With The Old (And In With The New … Next Year)! – Third District Rejects CEQA And General Plan Consistency Challenges to Sacramento’s 2035 General Plan Update And Related EIR, Holds Traffic Analysis Challenge Based On Lowering of Acceptable LOS Is Mooted By Public Resources Code § 20199, But New VMT Standard Doesn’t Yet Apply
23 Dec 2019, 1:36 pm by Arthur F. Coon
”  (Citing Federation of Hillside & Canyon Assns. v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Leaving Bad Law “On The Books”: Supreme Court Denies Depublication of CEQA EIR Project Description Case That Promotes Piecemeal Litigation
3 Dec 2019, 4:56 pm by Arthur F. Coon
Despite well-reasoned requests for depublication made by the City of Los Angeles, the California Building Industry Association (CBIA), the California State Association of Counties (CSAC) and the League of California Cities (League), the Second District’s questionable and controversial decision in Stopthemillenniumhollywood.com, et al. v. [read post]
CEQA Developments - http://www.ceqadevelopments.com