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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
A CEQA Trustee Agency “Muscles Up”: Third District Holds Department of Fish and Wildlife’s Newly Exercised Power To Require Notice Of And Regulate Substantial Water Diversions – Even Absent Streambed Alteration – Was Always Unambiguously Authorized By Fish & Game Code Section 1602
15 Jun 2015, 11:06 am by Arthur F. Coon
Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Attorney Labor For Preparing CEQA Administrative Record Is Recoverable Cost Where Specialized Knowledge Required, Holds Fourth District in Partially Published Opinion
1 Oct 2014, 11:29 am by Arthur F. Coon
  Please contact Arthur F. [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
Home(s) In The “Range”: Fourth District Overturns CEQA Exemption For City of Palm Springs’ General Plan Amendment Removing Minimum Residential Density Requirements
24 May 2016, 3:55 pm by Arthur F. Coon
In a brief – and somewhat odd – opinion filed April 22, and belatedly ordered partially published on May 20, 2016, the Fourth District Court of Appeal reversed a trial court judgment denying a petition for writ of mandate challenging a General Plan Amendment (GPA) adopted by the City of Palm Springs as categorically exempt from CEQA. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Third District Upholds Sustainable Communities Environmental Assessment (SCEA) Used Instead Of Traditional CEQA Document To Approve High-Rise, High-Density Mixed-Use Condo Housing Project In Sacramento’s Midtown
19 Jul 2019, 4:37 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
Fourth District Rejects CEQA Challenge To San Diego’s Use of Existing Facilities Categorical Exemption For Mission Beach Amusement Park Lease Amendment and Extension
22 Jan 2019, 11:38 am by Arthur F. Coon
Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Reaffirms CEQA Is Concerned With Physical Impacts On The Environment, Not Economic Ones On Government Services
12 Jul 2012, 1:33 pm by Arthur F. Coon
  Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Supreme Engagement: CEQA’s Continuing Saga In California’s High Court
5 Jan 2016, 3:53 pm by Arthur F. Coon
Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Winners Beware – Fourth District Upholds Trial Court’s Discretion To Drastically Reduce Successful CEQA Plaintiff’s Fees In Granting CCP §1021.5 “Private Attorney General” Award
15 Apr 2015, 1:50 pm by Arthur F. Coon
Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Rejects CEQA Challenge To “Plan Bay Area” Sustainable Communities Strategy EIR As Premised On Fundamental Misinterpretation of SB 375
1 Aug 2016, 11:25 am by Arthur F. Coon
In a 58-page published opinion filed June 30, 2016, the First District Court of Appeal affirmed the Alameda County Superior Court’s judgment upholding the Metropolitan Transportation Commission’s (MTC) and Association of Bay Area Government’s (ABAG) EIR for and approval of “Plan Bay Area,” the agencies’ first Sustainable Communities Strategy (SCS) prepared pursuant to California’s landmark “Sustainable Communities and Climate Protection Act of… [read post]
CEQA Developments - http://www.ceqadevelopments.com
Are Courts Actively Limiting CEQA’s Scope In The Absence of Meaningful Legislative Reform?
31 Aug 2012, 10:22 am by Arthur F. Coon
Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Supreme Court Hears Oral Argument In CEQA Project Definition Case
6 Jun 2019, 1:44 pm by Arthur F. Coon
The California Supreme Court heard oral arguments in an important case we’ve been following involving CEQA’s definition of a “project” on the afternoon of June 4, 2019, and took the matter under submission. [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
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