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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
Fifth District Reaffirms Its CEQA Historicity Rules in Citizens for the Restoration of L Street v. City of Fresno
8 Sep 2014, 1:30 pm by Arthur F. Coon
  Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Second District Upholds Application of CEQA’s Class 3 Categorical Exemption For New Small Structures To City’s Approval of Small Car Wash/Coffee Shop Project, Rejects Appellants’ Attempt To Invoke Unusual Circumstances Exception
27 Jul 2016, 11:55 am by Arthur F. Coon
Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Holds CEQA Remedies Provision Allows Park District’s Eminent Domain Action To Proceed Pending Preparation of Project EIR So Long As Property Not Actually Acquired
24 Apr 2013, 3:18 pm by Arthur F. Coon
  Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Third District Holds Res Judicata Bars Relitigation of CEQA Claims In Second Writ Petition Challenging Reapproved Quarry Project And Partially Recirculated EIR: Barred Claims Were Either Adjudicated Adversely To Petitioner On First Petition, Or Could Have Been Litigated In First Action
27 Mar 2019, 2:57 pm by Arthur F. Coon
Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Recent Cases Show How CEQA’s Applicability And Substantive EIR Requirements Are Determined By Meaningful Agency Discretion
7 Jan 2013, 11:25 am by Arthur F. Coon
  Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
When CEQA Violations Are An Afterthought: Fourth District Upholds Trial Court’s Independent Judgment Determination That City Of Anaheim Is Equitably Estopped To Unilaterally Modify Resort Hotel CUP Conditions
25 Jan 2016, 11:56 am by Arthur F. Coon
Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fifth District Holds CARB Violated CEQA And APA In Approving Modifications To Truck And Bus Regulation
15 Mar 2018, 4:26 pm by Arthur F. Coon
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]
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
A unanimous Third District panel upheld SiskiyouCounty’s EIR for Roseburg Forest Products Co. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Holds Increased Enrollment-Related CEQA Challenges To UC Regents’ 2018 SEIR For Berkeley Campus Development And Minor LRDP Amendment Are Mooted By Superseding 2021 LRDP Update EIR And Passage Of SB 118
30 May 2023, 5:02 pm by Arthur F. Coon
  Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Applies CEQA’s “Subsequent Review” Rules, Substantial Evidence Standard of Review; Upholds Subsequent Mitigated Negative Declaration and Modified Master Use Permit for Remote Buddhist Retreat
6 Sep 2016, 11:23 am by Arthur F. Coon
Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District “Doubts” CEQA Operates In Reverse, Upholds Mitigated Negative Declaration For Urban Infill Project Despite Soil and Groundwater Contamination In Parker Shattuck Neighbors
3 Jan 2014, 2:11 pm by Arthur F. Coon
In an opinion recently ordered published, the First District Court of Appeal extensively reviewed the relevant case law and expressed skepticism that CEQA would operate in reverse to require analysis of potential impacts on a mixed-use project’s construction workers and future residents from pre-existing soil contamination at the project site. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fourth District Holds Losing CEQA Plaintiff’s Mooted Appeal Was Not “Catalyst” To City’s Revocation Of Project Entitlements After Developer Abandoned Project; Trial Court’s Denial Of Private Attorney General Fee Motion Affirmed
8 Jul 2015, 2:06 pm by Arthur F. Coon
Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Navigating Between CEQA’s Scylla and Charybdis: First District Applies Save Tara Analysis and Rejects Claims of Improper Project “Preapproval” in Neighbors For Fair Planning v. City and County of San Francisco
16 Jul 2013, 4:14 pm by Arthur F. Coon
  Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
CEQA’s Unusual Circumstances Exception To Small Structures Categorical Exemption Is Applied By Third District To Water Supply MOU With Indian Tribe
18 Oct 2012, 11:49 am by Arthur F. Coon
  Please contact Arthur F. [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
Residential Project Exempt From CEQA Review Under Government Code Section 65457 As Consistent With Specific Plan For Which Program EIR Previously Certified; First District Also Holds New GHG Thresholds Do Not Constitute “New Information” Requiring Supplemental EIR For Specific Plan
10 Apr 2013, 3:20 pm by Arthur F. Coon
  Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Holds CEQA’s Class 3 Categorical Exemption Applies To Installations of Small Telecommunications Equipment On Existing Utility Poles, Recognizes Split In Case Law On Standard of Review For Cumulative Impact Exception
12 Sep 2012, 3:09 pm by Arthur F. Coon
The same appellate panel that decided the controversial Berkeley Hillside Preservation case (which is currently in the briefing stage of Supreme Court review) rendered another significant categorical exemption decision in its recently published opinion in Robinson v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
“Yes, San Francisco, There Is A CEQA”: First District Reverses Judgment Upholding City’s Categorical Exemption Determinations For Project To Add Four 90-Foot Tall Light Standards To High School Stadium In Residential Neighborhood
7 Dec 2022, 4:07 pm by Arthur F. Coon
“Yes, Virginia, there is a Santa Claus. [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