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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
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 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
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
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
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 Addresses CEQA Issues Concerning Standing, Mitigation,Baseline, Piecemealing, And Responses To Comments In Affirming Judgment Upholding Perris Dam Remediation Program EIR
4 Nov 2014, 2:33 pm by Arthur F. Coon
In a published decision filed October 31, 2014 (Paulek v. [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
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
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
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
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
Power to the Public: DEIR’s Failure to Identify Proposed Project Among Handful of Vastly Different Analyzed Alternatives Violates CEQA’s Requirement to Contain “Accurate, Stable and Finite” Project Description, Vitiates Intelligent Public Participation, Holds First District
17 Nov 2017, 2:26 pm by Arthur F. Coon
Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Motion to Amend CEQA Action Judgments to Make Additional Judgment Debtor Liable For Million Dollar Fee Award Not Barred By Plaintiffs’ Unreasonable Four-Year Delay Or Laches Absent New Party’s Showing Of Prejudice, Holds Fourth District
8 Feb 2016, 12:40 pm by Arthur F. Coon
Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Unique, But Not Unusual: First District Affirms CEQA Exemptions and General Plan Consistency Finding For Three-Unit Infill Condo Project on San Francisco’s Telegraph Hill
19 Oct 2017, 2:19 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
Sixth District Affirms Judgment Upholding Application of CEQA Guidelines Class 32 Infill Development Exemption To Project On Parcel Substantially Surrounded By Urban Uses In Small-Population City
21 Nov 2024, 8:33 am by Arthur F. Coon
Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Upholds CEQA Categorical Exemption for Approval of Planned Parenthood Clinic in City of South San Francisco, Clarifies Implied Finding of No Exceptions is Analyzed for Record Support on Narrowest Possible Ground
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]
CEQA Developments - http://www.ceqadevelopments.com