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20 Aug 2018, 11:14 am
In an opinion filed July 16, and belatedly ordered published on August 9, 2018, the First District Court of Appeal (Division 5) affirmed the trial court’s judgment setting aside the City of Fremont’s approvals of a mixed residential/retail project (“Project”) and related Mitigated Negative Declaration (“MND”), and ordering preparation of an EIR based on the Project’s potentially significant aesthetic and traffic impacts on the Niles historical district. [read post]
17 Oct 2016, 5:02 pm
UMMP’s argument for a “bright-line” CEQA rule that all enactments of zoning ordinances are discretionary “projects,” based on the above-quoted ambiguous statutory language, failed because § 21080(a) does not stand alone and must be harmonized with the more specific statutory language of § 21065. [read post]
11 Oct 2017, 8:00 am
Kathleen’s father, Arthur Webber (“Webber”), was an electrician, and regularly repaired and maintained the brakes on family vehicles. [read post]
1 Apr 2020, 4:33 pm
In a published opinion filed March 24, 2020, the Fourth District Court of Appeal (Division One) reversed a judgment of dismissal with prejudice, entered by the San Diego County Superior Court after sustaining a demurrer without leave on statute of limitations grounds to a group’s action challenging the CEQA review for Caltrans’ Interstate 5 (I-5)/State Route 56 (SR 56) freeway interchange project (the “Project”). [read post]
12 Aug 2024, 11:02 pm
Welcome to your monthly recap of administrative law from the Fifth Circuit! [read post]
15 Jun 2024, 6:31 am
Posted by Arthur B. [read post]
15 Jun 2024, 6:31 am
Posted by Arthur B. [read post]
14 Mar 2008, 11:43 am
Now, this possible source for her comment is truly offensive because Obama is likely far smarter than either Hillary or McCain, and probably is a lot smarter than anyone else who has been in the race on either side (with only one or two merely possible exceptions of guys who conceivably could be as bright as him). [read post]
8 Feb 2024, 6:48 am
As negotiations toward a ceasefire between Israel and Hamas stall yet again, a key question looms: who will govern Gaza “the day after” the fighting stops? [read post]
1 Dec 2017, 12:44 pm
In a lengthy, partially published opinion filed November 21, 2017, the Fifth District Court of Appeal addressed four CEQA challenges asserted by plaintiffs and appellants (“AIR”) to the sufficiency of Kern County’s 2014 Final EIR for Real Parties’ (“Alon Energy”) project to modify an existing Bakersfield oil refinery. [read post]
9 Apr 2011, 3:48 pm
It talks about legal standards, and its logic is interesting (note: if you're bright, you'll be able to tell what parts of the opinion could just as easily gone the other way if the Court had so chosen). [read post]
6 Jan 2015, 4:14 am
The year just ended was an eventful one in the world of directors’ and officers’ liability. [read post]
10 May 2023, 4:00 am
As well, we are seeing a lot of what Toronto Star columnist Bruce Arthur brilliantly called “crayon law” — nonsense legalese drafted by people who have no clue about basic law. [read post]
