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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]
21 Sep 2021, 1:44 pm by Arthur F. Coon
On September 13, 2011, I began the endeavor of writing Miller Starr Regalia’s CEQA Developments blog. [read post]
10 Oct 2023, 8:40 am by Arthur F. Coon
  Applying CEQA’s “rule of reason” requiring an EIR to “set forth only those alternatives necessary to permit a reasoned choice” (CEQA Guidelines, § 15126.6(f)), the Court held petitioners failed to satisfy their burden to show the EIR’s alternatives “are manifestly unreasonable and . . . do not contribute to a reasonable range[.] [read post]
8 Nov 2021, 9:43 am by Arthur F. Coon
In a partially published opinion filed on November 3, 2021, involving the CEQA review for a bed and breakfast/commercial event project proposed on property within a Yolo County agricultural zone, the Third District Court of Appeal (in a unanimous opinion authored by Justice Robie) reaffirmed the basic CEQA principle that a “full EIR” must be prepared whenever a project may have any significant environmental effect; it thus reversed the trial court’s judgment that had allowed a… [read post]
21 Sep 2017, 10:23 am by Arthur F. Coon
Preliminarily, the Court rejected real party Planned Parenthood’s argument that Respect Life lacked standing, observing that “[f]or a party to have standing to petition for a writ of mandate, the party must have a beneficial interest in the litigation. [read post]
19 Aug 2019, 1:31 pm by Arthur F. Coon
Trades Council, AFL-CIO (9th Cir. 1994) 31 F.3d 800, 809.) [read post]
15 Nov 2013, 11:53 am by Arthur F. Coon
In a recent decision extensively analyzing and applying CEQA’s rules on alternatives analysis, recirculation, and a petitioner’s burden to show agency error, the Third District Court of Appeal affirmed the Nevada County Superior Court’s judgment denying a writ petition challenging a commercial real estate project. [read post]
4 Aug 2014, 3:17 pm by Arthur F. Coon
While CEQA actions are statutorily designed as special proceedings with priority over other civil actions, and thus mandated to be heard and resolved expeditiously, when complex or controversial projects with dedicated opposition are involved this salutary statutory scheme sometimes goes off track. [read post]
21 Sep 2017, 10:23 am by Arthur F. Coon
Preliminarily, the Court rejected real party Planned Parenthood’s argument that Respect Life lacked standing, observing that “[f]or a party to have standing to petition for a writ of mandate, the party must have a beneficial interest in the litigation. [read post]
16 Jan 2018, 10:26 am by Arthur F. Coon
“[I]f the administrative proceeding [resulting in an action that aggrieves plaintiff] includes a right to appeal an allegedly improper action, a plaintiff must generally pursue that administrative appeal in order to exhaust his or her administrative remedies. [read post]
3 Dec 2018, 4:08 pm by Arthur F. Coon
Key principles and takeaways from the published portion of the Court of Appeal’s opinion include: The statutory right to appeal in civil cases generally allows an appeal to be taken “[f]rom a judgment, except an interlocutory judgment’ and also from an order made after an appealable judgment. [read post]
23 Dec 2019, 1:36 pm by Arthur F. Coon
Plaintiff challenged the EIR’s reliance on the 2035 General Plan’s new LOS standards as thresholds of significance, arguing that doing so avoided analysis of the significance of traffic impacts degrading to LOS F and avoided required study of alternatives and mitigation measures, and that the EIR’s less-than-significant conclusion thus lacked substantial evidence support. [read post]
26 Aug 2014, 10:59 am by Arthur F. Coon
In a lengthy, mostly-unpublished opinion filed on August 14, 2014, the First District Court of Appeal affirmed the superior court’s judgment denying a writ petition challenging the Parkmerced Development Project. [read post]