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Burnishing the “Golden Door”: Fourth District Modifies Recent Opinion Requiring Lead Agency Preservation of CEQA Administrative Record Documents, Denies Petitions for Rehearing and Leaves Judgment Unchanged
26 Aug 2020, 10:35 am by Arthur F. Coon
In a detailed 6-page order, issued by Presiding Justice McConnell and filed on August 25, 2020, the Fourth District Court of Appeal denied three petitions for rehearing, and “polished up” its lengthy published opinion filed at the end of last month in Golden Door Properties, LLC et al 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
  Matt Henderson and I submitted an amicus brief on behalf of the League of California Cities in support of defendants and respondents Stanislaus County, et al. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Holds U.C. Berkeley Campus’s Decision To Increase Student Enrollment Above Maximum Projected Level Analyzed In EIR for Long Range Development Plan Is A “Project” Under CEQA And Not Exempt Under Public Resources Code § 21089.09
2 Jul 2020, 9:18 am by Arthur F. Coon
The Regents of the University of California, et al. (2020) ___ Cal.App.5th ___.) [read post]
CEQA Developments - http://www.ceqadevelopments.com
[Josh Blackman] Michigan House and Senate Move to Intervene, and Petition for Rehearing En Banc in "Basic Minimum Education Case"
7 May 2020, 11:09 am by Josh Blackman
Whitmer et al. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Fifth Circuit Denies Payday Lender’s Motion to Reconsider Arbitration Motion Despite SCOTX Opinion
15 Apr 2020, 6:00 am by Beth Graham
  In Vine, et al. v. [read post]
Disputing Blog - http://www.disputingblog.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
City of Los Angeles et al. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Case o' The Week: Ninth Unmoved by The Miller's Tale - Wire Fraud Jury Instructions
29 Mar 2020, 10:21 am by Steve Kalar
  The District Court denied Miller’s motion to dismiss for prosecutorial misconduct, and the Ninth – while finding that the improper conduct was “clear” – nonetheless upheld the district court. [read post]
Ninth Circuit Blog - http://circuit9.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 Agoura Hills (Doron Gelfand, et al., Real Parties in Interest) (2020) ___ Cal.App.5th ___. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Spring CEQA Roundup – 2020
23 Mar 2020, 10:56 am by Arthur F. Coon
County of Los Angeles, et al. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Oral Argument Preview: What Should Trial Court Do About Post-Verdict Juror Letter? Madora Jones, Administrator of the Estate of ReDon Jones v. The Cleveland Clinic Foundation, et al.
9 Mar 2020, 4:40 am by MBettman
The Cleveland Clinic Foundation, et al., 2019-0390. [read post]
Legally Speaking Ohio - http://www.legallyspeakingohio.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
County of Sacramento (Cordova Hills, LLC, et. al., Real Parties in Interest) (3d Dist. 2020) ___ Cal.App.5th ___. [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
(California Independent Petroleum Association, et al., Real Parties in Interest); Committee for a Better Arvin, et al. v. [read post]
CEQA Developments - http://www.ceqadevelopments.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
Lunsford, et al. v. [read post]
Legally Speaking Ohio - http://www.legallyspeakingohio.com
Oral Argument Preview: Private Sector Employer Drug Testing and Employee Invasion of Privacy. Donna L. Lunsford et al. v. Sterilite of Ohio, LLC et al.
20 Jan 2020, 6:36 am by MBettman
Lunsford, et al. v. [read post]
Legally Speaking Ohio - http://www.legallyspeakingohio.com
What’s On Their Minds: Who Gets the Rent Money? LRC Realty, Inc. v. B.E.B. Properties New Par, d.b.a. Verizon Wireless, et al., v. Bruce Bird, et al
6 Jan 2020, 6:49 am by MBettman
Verizon Wireless, et al., v. [read post]
Legally Speaking Ohio - http://www.legallyspeakingohio.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
  Russel Covington, et al v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Oral Argument Preview: Who Gets the Rent Money? LRC Realty, Inc. v. B.E.B. Properties New Par, d.b.a. Verizon Wireless, et al., v. Bruce Bird, et al.
4 Dec 2019, 8:09 am by MBettman
Verizon Wireless, et al., v. [read post]
Legally Speaking Ohio - http://www.legallyspeakingohio.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
  (See, e.g., Remy, et al., Guide to CEQA (11th Ed. 2006), pp. 895-896.) [read post]
CEQA Developments - http://www.ceqadevelopments.com
No Miller Act Setoff for Non-Federal Claims
2 Dec 2019, 9:00 am by Christopher G. Hill
District Court for the Eastern District of Virginia last month. [read post]
Construction Law Musings - http://constructionlawva.com