Search for: "Matter of Arthur"
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23 Jun 2014, 10:20 am
The bottom line is that any way the onion was sliced, plaintiff’s CEQA action in this matter was filed too late. [read post]
21 Jun 2021, 8:55 am
In a partially published unanimous opinion filed June 16, 2021, authored by a jurist who is also a noted CEQA expert (Acting Presiding Justice Ronald Robie), the Third District Court of Appeal affirmed the trial court’s judgment denying a writ petition challenging El Dorado County’s mitigated negative declaration (MND) for and approval of the Newtown Road Bridge at South Fork Weber Creek Replacement Project. [read post]
15 May 2023, 11:09 am
” Permissive Intervention The Court likewise affirmed the trial court’s order denying permissive intervention, under which a nonparty with an interest in the matter in litigation or the success of the parties may be permitted to intervene if (1) proper procedures are followed, (2) the nonparty’s interest is direct and immediate, (3) intervention will not enlarge the issues in the litigation, and (4) the reasons supporting intervention outweigh any opposition by the… [read post]
23 Jun 2024, 8:38 pm
The Act made no exception for spouses—or, for that matter, other family members. [read post]
13 Mar 2012, 2:12 pm
Arthur W. [read post]
19 Feb 2025, 3:50 pm
The Court noted this was the only alleged APA violation by CARB in a matter involving a multi-year rulemaking process with a 60,000-plus page file, and that WSPA was not prevented from commenting, nor was CARB prevented from considering and responding to WSPA’s comments, regarding the report. [read post]
4 Oct 2014, 12:09 pm
Since 1663, the Royal Society has sported the motto: “Nullius in verba,” on no one’s authority. [read post]
29 Aug 2019, 7:56 am
The Court upheld the trial court’s finding that the EIR violated CEQA’s requirement for a stable and finite project description as a matter of law. [read post]
17 Jul 2017, 4:44 pm
On July 13, 2017, the California Supreme Court rendered a 6-1 decision holding that the San Diego Association of Governments’ (SANDAG) 2011 EIR for its Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) issued pursuant to SB 375 did not violate CEQA “by declining to explicitly engage in an analysis of the consistency of projected 2050 greenhouse gas emissions with the goals in [a 2005] executive order [the “2005 EO”]. [read post]
3 Nov 2015, 5:04 pm
., CDs of the final EIS/EIR and various technical reports related to the Century City station), and the City’s attorney presented six expert witnesses who testified about geotechnical and other technical matters and critiqued the work done by LA Metro’s experts. [read post]
17 Dec 2021, 11:52 am
In an opinion filed November 15, and later ordered published on December 14, 2021, the Sixth District Court of Appeal reaffirmed the basic CEQA principle that required environmental review and analysis must precede project approval, and it applied that principle to invalidate the California Coastal Commission’s (Commission) approval of a Coastal Development Permit (CDP) for a residential subdivision project in Monterey County. [read post]
22 Jul 2024, 10:12 am
Substantial Evidence Supported City’s Finding That Project Would Not Result In Significant Air Quality Impacts Appellant Nassiri argued a health risk assessment prepared by his retained environmental consultants (“SWAPE”) constituted unrebutted expert evidence that the project would have significant air quality impacts from emissions of diesel particulate matter (“DPM”), thus disqualifying the City from using the infill exemption for the project. [read post]
21 Apr 2020, 1:11 pm
In response to CBE’s arguments that CEQA compelled use of an “average” baseline, the Court stated, as a matter of logic, that: [A] baseline is simply a measure of some situation before it changes. [read post]
4 Jun 2018, 12:10 pm
In some ways, this case’s result might be viewed as a matter of “white hats” versus “black hats. [read post]
28 Sep 2015, 2:25 pm
Whether any of this really matters in CEQA actions (and I tend to think it does) may ultimately depend on how broadly or narrowly one defines the term “administrative remedies. [read post]
5 Aug 2020, 2:39 pm
The Court had little trouble in concluding that Public Resources Code § 21167.6 required the County to retain the email records that it deleted, as a matter of the plain statutory language and to ensure the complete and thorough record needed for meaningful judicial review. [read post]
1 Mar 2012, 6:18 am
The report by Lord Nimmo Smith is here : REPORT ON MAGIC CIRCLE GAY JUSTICE SCANDAL (pdf) In spite of the cover up, which led to lurid headlines yet no prosecutions, the very same Lord Nimmo Smith, who was branded “Nimmo the Dimmo” by the Sun newspaper, & sought psychiatric treatment after his exposure in the media over the Magic Circle events, has been appointed by the Scottish Football Association to investigate the problems at Rangers FC, as reported earlier HEREOne of the figures… [read post]
20 Mar 2023, 9:05 pm
To be sure, it can be argued that New York is merely adding to the penalty for falsifying the records of a New York business enterprise when the conduct appears more egregious, and thus it should not matter under whose law the concealed crime arises. [read post]
5 May 2015, 5:03 pm
I recall that Mike Zischke, co-author of CEB’s excellent CEQA treatise, used to be fond of saying the “normal” or “usual rules” for analyzing cumulative impacts should apply to analysis of a project’s greenhouse gas (GHG) emissions under CEQA. [read post]
21 Sep 2009, 5:00 pm
Just last term, in Arthur Andersen LLP v. [read post]
