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4 May 2018, 12:24 pm
Please contact Arthur F. [read post]
20 Apr 2018, 6:04 pm
In an opinion filed March 20, and later certified for publication on April 12, 2018, the First District Court of Appeal (Division 3) affirmed a limited peremptory writ of mandate issued by the Contra Costa County Superior Court requiring the County to set aside an EIR and land use permit for Phillips 66 Company’s “Propane Recovery Project” at its oil refinery in the City of Rodeo, pending County’s correction of specified inadequacies in the EIR’s air quality analysis. [read post]
3 Apr 2018, 4:20 pm
SB 743 was enacted in 2013 to further California’s efforts to reduce GHG emissions by encouraging transit-oriented, infill development – a strategy announced in SB 375, the “Sustainable Communities and Climate Protection Act of 2008. [read post]
26 Mar 2018, 4:29 pm
In a published opinion filed March 15, 2018, the Fourth District Court of Appeal (Division One) affirmed the trial court’s judgment denying a writ petition and complaint challenging the City of San Diego’s approvals of a wireless telecommunications facility to be constructed by real party Verizon Wireless in Ridgewood Neighborhood Park, a dedicated park. [read post]
15 Mar 2018, 4:26 pm
In a published opinion filed January 31, 2018, the Fifth District Court of Appeal affirmed the trial Court’s judgment issuing a writ of mandate voiding the California State Air Resources Board’s (“CARB”) 2014 amendments to its 2008 Truck and Bus Regulation and its related environmental review documents, which were the functional equivalent of a negative declaration under CARB’s certified regulatory program. [read post]
1 Mar 2018, 4:06 pm
In an opinion filed February 5 and later ordered published on February 27, 2018, the Sixth District Court of Appeal affirmed a judgment denying Aptos Residents Association’s (“ARA”) writ petition challenging Santa Cruz County’s approval, as categorically exempt from CEQA, of real party Crown Castle’s (“Crown”) project to extend Verizon’s wireless coverage by installing a 13-microcell Distributed Antenna System (“DAS”) in Aptos’ Day… [read post]
5 Feb 2018, 2:41 pm
Please contact Arthur F. [read post]
1 Feb 2018, 11:16 am
Please contact Arthur F. [read post]
22 Jan 2018, 3:16 pm
In a lengthy, partially published opinion filed January 12, 2018, the First District Court of Appeal (Division 3) partly affirmed, but in large part reversed, the trial court’s judgment granting a writ of mandate directing the City of Los Angeles to set aside its FEIR certification and approval of BNSF Railway Company’s (“BNSF”) project to construct a new intermodal railyard facility, near the Port of Los Angeles, to handle containerized cargo transported through the ports of… [read post]
16 Jan 2018, 10:26 am
“[I]f the administrative proceeding [resulting in an action that aggrieves plaintiff] includes a right to appeal an allegedly improper action, a plaintiff must generally pursue that administrative appeal in order to exhaust his or her administrative remedies. [read post]
12 Jan 2018, 2:17 pm
Please contact Arthur F. [read post]
8 Jan 2018, 4:31 pm
As we move into a brand new year of tracking CEQA developments, it seems like an appropriate time to survey and briefly recap some of the many significant published case law developments that occurred over the past year. [read post]
20 Dec 2017, 3:59 pm
., “Standing Against Environmental Injustice: Some Thoughts On Facing The Need For CEQA Litigation Reform,” by Arthur F. [read post]
11 Dec 2017, 3:26 pm
Please contact Arthur F. [read post]
7 Dec 2017, 3:19 pm
Please contact Arthur F. [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]
22 Nov 2017, 11:35 am
When it comes to CEQA cases, some courts don’t seem to know when to stop beating a dead horse. [read post]
17 Nov 2017, 2:26 pm
Please contact Arthur F. [read post]
23 Oct 2017, 5:22 pm
In 15-page opinion filed on September 15, and later certified for publication on October 16, 2017, the First District Court of Appeal affirmed the trial court’s judgment denying a writ petition challenging the Judicial Council of California’s (“Judicial Council”) EIR for its project to relocate and consolidate El Dorado County Superior Court operations into a single new building on the outskirts of Placerville. [read post]
