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Third District Holds County Could Require Supplemental Environmental Information From Grading Permit Applicant As Condition of Application Completeness Determination Where Permit Submittal Checklist Alerted Applicant CEQA Compliance Would Be Required
6 Jun 2025, 8:47 am by Arthur F. Coon
Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fourth District Invalidates San Diego County’s “Infill” And “Small Project” VMT Screening Thresholds As Lacking Substantial Evidence Support
2 Apr 2025, 9:21 am by Arthur F. Coon
In a published opinion filed March 27, 2025, the Fourth District Court of Appeal (Div. 1) reversed the trial court’s judgment denying a writ petition, and held that two screening thresholds of significance for vehicle miles traveled (VMT) impacts adopted by the County of San Diego as part of its 2022 Transportation Study Guide were invalid because they were unsupported by any substantial evidence. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Voids Clearlake Hotel Project MND for City’s Failure to Conduct Adequate CEQA AB 52 Tribal Cultural Resources Consultation
18 Mar 2025, 10:43 am by Arthur F. Coon
., § 21082.3(c)(1), (4), (f).) [read post]
CEQA Developments - http://www.ceqadevelopments.com
CEQA Identified By Assembly Select Committee Report As Among Obstacles To Permitting Reform Needed To Meet State’s Housing and Climate Goals
17 Mar 2025, 11:21 am by Arthur F. Coon
Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Is Robust and Disruptive CEQA Reform Possible?  Senator Scott Wiener Wants to Find Out – His Proposed SB 607 Would Exempt Rezonings Consistent With Approved Housing Elements, Limit The Scope of EIRs for Qualifying “Nearly-Exempt” Projects, and Greatly Strengthen Negative Declarations and Categorical and Statutory Exemptions
4 Mar 2025, 3:21 pm by Arthur F. Coon
Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Second District Affirms Judgment Rejecting CEQA And Other Challenges To CARB’s “Technology-Forcing” Emissions-Control Regulation For At-Berth Tanker And Other Ships
19 Feb 2025, 3:50 pm by Arthur F. Coon
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]
CEQA Developments - http://www.ceqadevelopments.com
Following Up Earlier Order Suspending CEQA Review and Coastal Act Permitting Requirements To Facilitate Rebuilding After LA/Ventura County Fires, Governor Issues Executive Order N-14-25 To Quash “Legally Erroneous” Coastal Commission Guidance
5 Feb 2025, 1:22 pm by Arthur F. Coon
Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Governor Issues Executive Order N-4-25 Suspending CEQA Review And Coastal Act Permitting Requirements To Facilitate Rapid Rebuilding Of Properties Destroyed Or Damaged By Los Angeles And Ventura County Fires
13 Jan 2025, 9:31 am by Arthur F. Coon
Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Addresses Significant CEQA Issues Relating to Wildfire Risk, GHG Emissions, and Water Supply Impacts in Lake County Resort Development Case
16 Dec 2024, 9:16 am by Arthur F. Coon and Matthew C. Henderson
  (As a matter of disclosure, Respondent County of Lake was represented in the trial and appellate proceedings in this case by this post’s authors, Miller Starr Regalia attorneys Arthur Coon and Matthew Henderson.) [read post]
CEQA Developments - http://www.ceqadevelopments.com
Sixth District Affirms Judgment Upholding Application of CEQA Guidelines Class 32 Infill Development Exemption To Project On Parcel Substantially Surrounded By Urban Uses In Small-Population City
21 Nov 2024, 8:33 am by Arthur F. Coon
Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fight On! After Grant and Transfer, Second District Holds Upon Reconsideration that Resident Noise Does Not Preclude CEQA Class 32 Infill Exemption for USC Area Housing Development Project; But Also Holds City Must First Find Project Consistent With Redevelopment Plan Incorporated Into Zoning Before Granting Exemption
18 Nov 2024, 10:43 am by Arthur F. Coon
(f).) [read post]
CEQA Developments - http://www.ceqadevelopments.com
Down Another CEQA “Rabbit Hole”: Second District Upholds Project Description in Los Angeles County’s EIR For North Area General Plan and Zoning Update Against “Retroactive Instability” Challenge Based On Minor Change In Adopted Zoning Prohibiting New Vineyards; But Applies New Subjective Test De Novo and Outside Established Analytic Framework for Recirculation Challenges
4 Nov 2024, 10:40 am by Arthur F. Coon
“It’s like déjà vu all over again. [read post]
CEQA Developments - http://www.ceqadevelopments.com
In Writ Action Attacking Vesting Tentative Map Approval, Second District Holds Plaintiffs’ Failure to Comply With Subdivision Map Act Statute of Limitations’90-Day Service-Of-Summons Requirement Does Not Bar Major “Portion” of CEQA Cause of Action Alleging “Procedural Violations Unique to CEQA” And Other Claims That Could Not Be Brought Under Map Act
29 Oct 2024, 4:54 pm by Arthur F. Coon
In a published opinion filed October 21, 2024, the Second District Court of Appeal (Div. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Delay Denied: First District Affirms Trial Court’s Denial of Seventh ADA Continuance Request Made In CEQA Case Under California Rules of Court, Rule 1.100, Due To Burden On Trial Court’s Docket Management And Excessive Delay Contrary To Fundamental Nature of Expedited CEQA Proceeding
28 Oct 2024, 11:13 am by Matthew C. Henderson and Arthur F. Coon
”  (CRC, rule 1.100(f).) [read post]
CEQA Developments - http://www.ceqadevelopments.com
Ninth Circuit Squashes RICO Lawsuit Seeking Federal Remedy For Abusive and Extortionate CEQA Litigation
15 Oct 2024, 12:10 pm by Matthew C. Henderson
Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Third Time’s the Charm: Third District Crowns State the Winner By Legislative Decree In Third Published CEQA Decision Arising From Capitol Renovation Project
14 Oct 2024, 7:53 am by Arthur F. Coon
Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Denies Rehearing, Modifies Opinion in CEQA Guidelines Class 1 Categorical Exemption Case With No Change in Judgment
8 Oct 2024, 9:22 am by Arthur F. Coon
Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Third District Holds That Lead Agency Prevailing In CEQA Action Can Recover Reasonable Record Preparation Costs Despite Petitioner’s Election to Prepare Record
8 Oct 2024, 7:51 am by Arthur F. Coon
Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fifth District Affirms Judgment Rejecting CEQA/APA Challenges to CARB’s Approval of ZEV Truck Sales Mandate Regulation; Holds Alternatives and Mitigation Analyses Need Not Include Low-NOx Vehicle Credit Contrary to Project’s Underlying Fundamental Purpose
7 Oct 2024, 10:20 am by Arthur F. Coon
Board of Supervisors (1990) 52 Cal.3d 553, 565; CEQA Guidelines, § 15126.6(a)-(c), (f).) [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fourth District Reverses Judgment Granting Writ and Holds City of Upland’s MND For Warehouse Project Satisfies CEQA; Rejects Arguments That City’s Choice and Application of Quantitative GHG Significance Threshold Lacked Substantial Evidence Support
27 Sep 2024, 12:28 pm by Arthur F. Coon
Resources Code, § 21080(c)(1); CEQA Guidelines, § 15064(f)(3).) [read post]
CEQA Developments - http://www.ceqadevelopments.com