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21 Jun 2011, 6:54 am
Read more about our personal injury, automobile accident and dram shop legal services. [read post]
22 Mar 2007, 1:36 am
Miller sued, arguing that government-directed deposits shouldn't be subject to seizure. [read post]
27 Feb 2012, 2:08 pm
Congress Should Increase Funds for Civil Legal Assistance Congress should increase funds for civil legal representation for poor women. [read post]
21 Feb 2020, 4:53 pm
They may be able to bring a claim through ordinary legal proceedings concerning what has happened to them, but that claim will need to be based on the existing framework of their legal rights. [read post]
12 May 2020, 3:14 pm
Appellate hearings or other matters that involve only the judge(s) and the legal representatives can be handled without enormous difficulties, once technical issues have been conquered. [read post]
23 Mar 2011, 4:59 am
http://tinyurl.com/4qlhsby (Ron Friedmann) What’s The Impact of Facebook Comments on Legal Publishers and Bloggers? [read post]
1 Jun 2017, 3:57 pm
In short, the original CEQA reviews are presumed valid, and are beyond legal challenge. [read post]
9 Jan 2016, 1:21 pm
Because “the EIR dismissively rejected [any] control feature that would not achieve eradication, and the EIR’s cumulative impacts discussion did not address the reasonably foreseeable need to continue pest control efforts after expiration of the [studied] seven-year period[,]” the “record [was] devoid of evidence to prove CDFA’s claim that the last-minute change was legally acceptable because the adopted control program was narrower than the EIR’s… [read post]
8 Nov 2021, 9:43 am
In a partially published opinion filed on November 3, 2021, involving the CEQA review for a bed and breakfast/commercial event project proposed on property within a Yolo County agricultural zone, the Third District Court of Appeal (in a unanimous opinion authored by Justice Robie) reaffirmed the basic CEQA principle that a “full EIR” must be prepared whenever a project may have any significant environmental effect; it thus reversed the trial court’s judgment that had allowed a… [read post]
18 Aug 2016, 8:22 am
In a published decision filed August 12, 2016, following remand from the California Supreme Court after its landmark “CEQA-in-reverse” decision, the First District Court of Appeal reversed the trial court’s judgment and remanded with directions to issue an order partially granting CBIA’s writ of mandate and to consider CBIA’s requests for declaratory relief and attorneys’ fees. [read post]
24 Apr 2017, 2:32 pm
On April 21, 2017, the First District Court of Appeal filed a 22-page published opinion providing significant guidance and analysis concerning the critical, but sometimes elusive, distinction between “discretionary” project approvals that are subject to CEQA and “ministerial” ones that are exempt from it. [read post]
12 Aug 2024, 10:42 am
Conclusion and Implications In our view, this case does not really break new legal ground, and was presumably published (at the request of the prevailing real parties and a law [read post]
3 Jul 2013, 4:38 pm
Nor was the Westlands CREZ a feasible alternative site for CEQA purposes, even if it were environmentally superior to the project, as there was evidence relied on by the County that it could not be developed within a reasonable time period or consonant with the project’s timing objectives; its location in other jurisdictions rendered it uncertain of approval; it would not further public policy goals as it would deprive the County of jobs and economic benefits; and it may have been… [read post]
19 Feb 2025, 3:50 pm
On February 13, 2025, the Second District Court of Appeal (Div. 7) filed its 71-page published opinion affirming the trial court’s judgment rejecting CEQA safety hazard and cumulative impacts analysis challenges – as well as Administrative Procedure Act (“APA”) and generic “arbitrary and capricious” writ challenges – to the California Air Resources Board’s (“CARB”) August 2020 decision adopting the “Control Measure For Ocean-Going… [read post]
26 Mar 2018, 4:29 pm
For present purposes, it will suffice to say that, after analyzing and applying the general legal rules and principles for construing city charters, the Court held the record supported the City’s construction and conclusion that the use proposed by the Project was permissible, and would not disrupt or interfere with park or recreation uses or purposes; in essence, the Project’s relatively small addition to the Park did not run afoul of the Charter’s prohibition on… [read post]
23 Mar 2020, 10:56 am
Resources Code, § 21099), and the agency has within the last 5 years adopted a general plan circulation or mobility element, has adopted a legally-compliant VMT threshold of significance, and has adopted any required fire hazard and flood plain regulations. [read post]
17 May 2013, 10:15 am
., up to the very close of the final public hearing, it is difficult enough as it stands for the agency to promptly adopt legally adequate findings without imposing an additional procedural hurdle that it produce publicly-available draft findings 15 days in advance. [read post]
2 Aug 2022, 5:41 pm
But this most recent legal dustup arises in the context of the City’s role as lessor of some 6,100 acres of land it owns in the County. [read post]
28 Sep 2021, 10:40 am
While the case does not break any new legal ground, it applies well-recognized CEQA principles to a lengthy and complex fact pattern involving multiple rounds of lengthy litigation, settlement, and EIR preparation. [read post]
25 Sep 2017, 4:09 pm
In a published opinion filed September 19, 2017, the First District Court of Appeal reversed the trial court’s denial of a writ petition challenging defendant California Department of Pesticide Regulation’s (“Department”) approval of label amendments for two pesticides containing an active ingredient toxic to honeybees. [read post]