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9 Sep 2016, 12:17 pm by Arthur F. Coon
In a published opinion filed August 31, 2016, the Sixth Appellate District Court of Appeal rejected claims under CEQA and the Surface Mining and Reclamation Act (“SMARA”; Pub. [read post]
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]
15 Aug 2016, 10:51 am by Arthur F. Coon
A project that may cause a substantial adverse change in the significance of a “historical resource” may, for that reason, have a significant effect on the environment for purposes of CEQA. [read post]
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]