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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
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 Upholds San Diego’s Balboa Park Revitalization Project Against Land Use Law And CEQA Challenges
29 Jun 2015, 2:35 pm by Arthur F. Coon
In a published decision filed May 28, 2015, the Fourth District Court of Appeal reversed that part of the trial court’s judgment granting a writ of mandate and otherwise affirmed the judgment, thus upholding the City of San Diego’s Balboa Park revitalization project (“Project”) against various land use law and CEQA challenges. [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
“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
Fourth District Holds CEQA Challenge To Ministerial Approval Of Development Project Modifications Barred By Res Judicata, Water Supply Assessment Not Required
1 Oct 2018, 2:28 pm 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
Second District Affirms Judgment Upholding Water Code CEQA Exemption, Rejects Plaintiff’s Attempt To Extend CEQA Review And Findings Requirements To Regional Water Board’s Approval Of Waste Discharge Permits
27 Mar 2023, 12:45 pm by Arthur F. Coon and Matthew C. Henderson
On February 27, 2023, the Second District Court of Appeal (Division One) filed its published decision in Los Angeles Waterkeeper v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
CEQA Writ Simple: Fourth District Holds Trial Court Erred In Retaining Continuing Jurisdiction And Not Discharging Peremptory Writ That Ordered Only Set Aside Remedy Where Lead Agency’s Return Demonstrated Full Compliance
14 Aug 2023, 9:11 am 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
CEQA Action Seeking to Avoid LAFCO Annexation and SOI Change Approvals is Dismissed for Failure to Comply with Procedural Requirements for Reverse Validation Actions
12 Feb 2014, 3:13 pm by Arthur F. Coon
  Please contact Arthur F. [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
Discovery Rule Does Not Postpone Accrual of CEQA Cause of Action; Events Specified In CEQA Statute of Limitations Provide Constructive Notice of Project Approval or Commencement
26 Jul 2016, 10:52 am 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
How Recent CEQA Cases Show The Need For Legislative CEQA Reform
7 Jun 2012, 9:58 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
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
Supreme Court Holds Legislature’s Case-Driven CEQA Amendments Require Judgment Upholding UC Berkeley’s 2021 Long-Range Development Plan EIR and People’s Park Housing Project Against Claims of Failures to Analyze Student “Social Noise” and Alternative Locations
10 Jun 2024, 8:37 am by Arthur F. Coon
“It ain’t over ‘til it’s over. [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
Why Are CEQA Cases Published Or Not? Observations From A Look Back at 2020’s Decisions
3 Mar 2021, 9:23 am by Arthur F. Coon
  Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com