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Supreme Court Denies Review of And Depublishes Second District Refinery Project Case Addressing CEQA Baseline Issues
21 Apr 2021, 9:02 am by Arthur F. Coon
  Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Failure to Pursue and Exhaust Administrative Appeal Remedy Results In Forfeiture of CEQA Challenge To Categorical Exemption Despite Lower Body’s Defective Hearing Notice
13 Apr 2021, 10:34 am by Arthur F. Coon
  Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Miller Starr Attorney To Present On CEQA Developments At Upcoming Water Law Conference
17 Mar 2021, 12:25 pm by Arthur F. Coon
  Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Must CEQA Compliance Precede Project Approval? When State Water Board Water Quality Certifications Are Involved, The Answer Is As “Clear as Mud”
4 Mar 2021, 5:22 pm by Arthur F. Coon
“The more I know, the less I understand/All the things I thought I’d figured out, I have to learn again” – Don Henley, “The Heart of the Matter” One of CEQA’s bedrock principles is that environmental review must precede project approval. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Why Are CEQA Cases Published Or Not? Observations From A Look Back at 2020’s Decisions
3 Mar 2021, 9:23 am by Arthur F. Coon
  Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
2020: A Look Back at the Year’s CEQA Case Law
18 Jan 2021, 7:58 pm by Arthur F. Coon
  Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Can a Responsible Agency Get A Second Bite At The CEQA Apple? First District Says “Sometimes, Yes,” Upholds Regional Water Board’s Imposition of Additional Mitigation On Flood Control Project Through “Independent” Porter-Cologne Act Authority Exercised Subsequent To Grant Of CWA § 401 Water Quality Certification Based On Lead Agency’s Unchallenged Final EIR
6 Jan 2021, 4:47 pm by Arthur F. Coon
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]
CEQA Developments - http://www.ceqadevelopments.com
2020 CEQA Legislative Developments
13 Dec 2020, 6:10 pm by Arthur F. Coon
  Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Remedial Legal Logic: Fifth District Doubles Down On Split with Other Districts in Holding CEQA Doesn’t Allow Limited Writ Remedy of Partial EIR Decertification – But Does It Really Matter?
29 Nov 2020, 8:08 pm by Arthur F. Coon
(“Jerry”) Brown, Jr. by Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
A “Fare” Shake? Ninth Circuit Affirms Judgment On the Pleadings for San Francisco In Removed Action Challenging SFMTA’s 2018 Taxi Regulations, Remands for Consideration of Whether to Grant Plaintiffs Leave to Amend CEQA Claim
11 Nov 2020, 8:52 pm by Arthur F. Coon
Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Closing the “Golden Door”: California Supreme Court Denies Petitions for Review and Depublication Request in CEQA Administrative Record Case
10 Nov 2020, 3:06 pm by Arthur F. Coon
Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Keeping the “Golden Door” Cracked Open: California Supreme Court Extends Period to Consider Review of CEQA Administrative Record Case
26 Oct 2020, 9:34 am by Arthur F. Coon
Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Governor Extends Conditional Suspension of Requirements Related to Posting CEQA Notices with County Clerks
12 Oct 2020, 4:38 pm by Arthur F. Coon and Arielle Harris
Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Miller Starr Regalia Attorneys Speaking at Upcoming CEQA and Land Use Programs in November
1 Oct 2020, 7:45 am by Arthur F. Coon and Arielle Harris
Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
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
Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Legislature Enacts SB 288 to Provide New and Expanded CEQA Exemptions for Sustainable Public Transportation Projects
7 Sep 2020, 10:10 am by Arthur F. Coon
Please contact Arthur F. [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
In a published opinion filed on August 17, 2020, the Third District Court of Appeal mostly affirmed the trial court’s judgment upholding Placer County’s partial abandonment of public easement rights in an emergency access/public transit road connecting two Lake Tahoe-area residential subdivisions; the County took the action to resolve disputes that had arisen after one subdivision’s residents began using the road as an all-purpose public road and short-cut through the other… [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
(providing that “[i]f possible, a well should be located outside areas of flooding”; and 9 (requiring a well’s “annular space” be “effectively sealed” and establishing minimum subface seal depths). [read post]
CEQA Developments - http://www.ceqadevelopments.com
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
Please contact Arthur F. [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
In a 77-page published opinion filed on July 30, 2020, the Fourth District Court of Appeal (Div. [read post]
CEQA Developments - http://www.ceqadevelopments.com