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Proposed CEQA Guidelines Amendments: A Critique of OPR’s “Preliminary Discussion Draft” (Part II – Proposed “Substance” and Major “Technical Improvements”)

5 Oct 2015, 11:11 am by Arthur F. Coon

(Guidance on information that may be included in such an analysis is presented in Appendix F.) [read post]

CEQA Developments - http://www.ceqadevelopments.com

“CEQA-In-Reverse” Case on Remand: First District Holds BAAQMD’s 2010 Air Pollutant Thresholds Not Facially Invalid, But Can’t Be Used For Primarily Intended Purpose

18 Aug 2016, 8:22 am by Arthur F. Coon

Resources Code, §§ 21159.21(f), 21159.22(b)(3), 21159.23(a)(2)(A), 21159.24(a)(1), (3), 21155.1(a)(4)(B)) also constitute “exceptions to the general rule that CEQA [does] not require an evaluation of existing hazards on future users of a proposed project. [read post]

CEQA Developments - http://www.ceqadevelopments.com

Let’s Get Regional: Third District Holds Olympic Valley Resort Project EIR’s Environmental Setting Description and Analysis Violated CEQA’s Requirement To Place Special Emphasis On Unique Regional Environmental Resources By Failing To Sufficiently Consider Lake Tahoe

4 Oct 2021, 11:00 am by Arthur F. Coon

And although the [F]EIR at least offered some figures about current and anticipated VMT around Lake Tahoe, it never clearly explained how all of these figures related to the Lake. [read post]

CEQA Developments - http://www.ceqadevelopments.com

Supreme Court Holds Stanislaus County Well Permit Decisions Under State Standards Are Neither Categorically Ministerial Nor Categorically Discretionary In Nature; Rather, Whether CEQA-Triggering Discretion Exists Must Be Determined On Case-By-Case Basis

28 Aug 2020, 12:25 pm by Arthur F. Coon

(providing that “[i]f possible, a well should be located outside areas of flooding”; and 9 (requiring a well’s “annular space” be “effectively sealed” and establishing minimum subface seal depths). [read post]

CEQA Developments - http://www.ceqadevelopments.com

CEQA Remedies Statute Does Not Authorize Appellate Court To Issue Writ And Supervise Compliance On Direct Appeal, Holds Second District In Partially Published Decision On Remand In Newhall Ranch Case

13 Jul 2016, 3:26 pm by Arthur F. Coon

Please contact Arthur F. [read post]

CEQA Developments - http://www.ceqadevelopments.com

Motion to Amend CEQA Action Judgments to Make Additional Judgment Debtor Liable For Million Dollar Fee Award Not Barred By Plaintiffs’ Unreasonable Four-Year Delay Or Laches Absent New Party’s Showing Of Prejudice, Holds Fourth District

8 Feb 2016, 12:40 pm by Arthur F. Coon

Please contact Arthur F. [read post]

CEQA Developments - http://www.ceqadevelopments.com

High Court Tackles CEQA Future Baselines In Neighbors For Smart Rail Decision

9 Aug 2013, 3:24 pm by Arthur F. Coon

In a much-anticipated decision filed August 5, 2013, the California Supreme Court held that CEQA requires a lead agency to assess a project’s environmental impacts against an “existing conditions” baseline – and consequently disallows sole reliance on a “future conditions” baseline – unless the agency shows “by substantial evidence that an analysis based on existing conditions would tend to be misleading or without informational value to… [read post]

CEQA Developments - http://www.ceqadevelopments.com

Fourth District Addresses CEQA Issues Concerning Standing, Mitigation,Baseline, Piecemealing, And Responses To Comments In Affirming Judgment Upholding Perris Dam Remediation Program EIR

4 Nov 2014, 2:33 pm by Arthur F. Coon

In a published decision filed October 31, 2014 (Paulek v. [read post]

CEQA Developments - http://www.ceqadevelopments.com

Fatal “Exhaustion”: Fifth District Holds CEQA’s Statute of Limitations Ran Out On Plaintiff’s Claim While Plaintiff Thought It Was Still In Process Of Exhausting Administrative Remedies

10 Jan 2023, 3:28 pm by Matthew C. Henderson and Arthur F. Coon

As all CEQA practitioners know, a prospective petitioner in a writ proceeding challenging a CEQA determination must first exhaust available administrative remedies as a prerequisite to filing suit. [read post]

CEQA Developments - http://www.ceqadevelopments.com

Fourth District Affirms Judgment Upholding CEQA Class 32 Infill Exemption For Costco Gas Station/Parking Lot Project Within Existing Shopping Center

1 Nov 2021, 2:04 pm by Arthur F. Coon

Please contact Arthur F. [read post]

CEQA Developments - http://www.ceqadevelopments.com

CEQA School In Session: First District Reverses Judgment Invalidating EIR for Desalination Plant Project In North Coast Rivers Alliance

6 Jun 2013, 11:46 am by Arthur F. Coon

In a lengthy published opinion filed May 21, 2013, the First District Court of Appeal reversed a judgment granting a writ of mandate and upheld as legally adequate under CEQA the Marin Municipal Water District’s EIR for development and construction of a desalination plant in Marin County. [read post]

CEQA Developments - http://www.ceqadevelopments.com

Sixth District Holds Project’s Consistency with General Plan Is Not a CEQA Issue, Upholds Trial Court’s Interlocutory Remand for County Board to Clarify Consistency Findings, and Affirms Judgment Denying Writ Petition Alleging General Plan and CEQA Challenges to Shopping Center Project

31 Aug 2017, 12:38 pm by Arthur F. Coon

Please contact Arthur F. [read post]

CEQA Developments - http://www.ceqadevelopments.com

EIR Satisfies CEQA Despite Minor Deficiencies and Inaccuracies Where Environmental Review Process Not Prejudiced, Third District Holds

2 Nov 2012, 2:17 pm by Arthur F. Coon

Please contact Arthur F. [read post]

CEQA Developments - http://www.ceqadevelopments.com

Fourth District Expounds On CEQA’s Responses To Comments Rules – And Abuses of the Process – As Well As Other Issues In Upholding Supplemental EIR For Expanded Orange County Jail Facility

14 Jul 2015, 4:12 pm by Arthur F. Coon

Please contact Arthur F. [read post]