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Neither CEQA Administrative Record Preparation Statute nor Case Law Precludes Award of Costs to Prevailing Real Party who Reimburses Lead Agency Its Costs of Record Preparation
19 Sep 2016, 11:02 am by Arthur F. Coon
Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Modifies “Reverse CEQA” Case Opinion, Denies BAAQMD’s Petition For Rehearing With No Change In Judgment
16 Sep 2016, 1:52 pm by Arthur F. Coon
Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Sixth District Rejects SMARA And CEQA Challenges To Permanente Quarry Reclamation Plan Amendment And Related EIR
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]
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
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CEQA Developments - http://www.ceqadevelopments.com
Supreme Court Depublishes Quirky Fourth District CEQA/General Plan Decision
26 Aug 2016, 3:42 pm by Arthur F. Coon
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CEQA Developments - http://www.ceqadevelopments.com
Statutory CEQA Reform Proposal (SB 122) Reemerges With Optional Expedited Record Preparation Provisions Unchanged; Fleshes Out OPR Electronic Database Placeholder; And Drops Controversial Effort To Provide Public Review Period for Final EIRs
24 Aug 2016, 1:36 pm by Arthur F. Coon
Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
“CEQA-In-Reverse” Case on Remand: First District Holds BAAQMD’s 2010 Air Pollutant Thresholds Not Facially Invalid, But Can’t Be Used For Primarily Intended Purpose
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]
CEQA Developments - http://www.ceqadevelopments.com
Sixth District Holds CEQA’s “Fair Argument” Test Inapplicable To City Of San Jose’s Discretionary Determination That 1922 Wooden Railroad Trestle Is Not Historical Resource
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]
CEQA Developments - http://www.ceqadevelopments.com
Holland & Knight SCAG Update Report: CEQA Litigation Abuse Hurts Infill Housing
12 Aug 2016, 2:47 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
Second District Upholds Application of CEQA’s Class 3 Categorical Exemption For New Small Structures To City’s Approval of Small Car Wash/Coffee Shop Project, Rejects Appellants’ Attempt To Invoke Unusual Circumstances Exception
27 Jul 2016, 11:55 am by Arthur F. Coon
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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
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CEQA Developments - http://www.ceqadevelopments.com
Fourth District Holds Non-Expert Opinion Fails To Support “Fair Argument” Under CEQA That Approval of Non-Regional Retail Store In Joshua Tree Would Cause Urban Decay
14 Jul 2016, 6:50 pm by Arthur F. Coon
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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
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CEQA Developments - http://www.ceqadevelopments.com
AEP Launches New CEQA Portal Website As Compliance Resource
11 Jul 2016, 9:43 am by Arthur F. Coon
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CEQA Developments - http://www.ceqadevelopments.com
Supreme Court CEQA Subsequent Review Case Briefing Completed And Case Submitted (Apparently)
8 Jul 2016, 3:34 pm by Arthur F. Coon
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CEQA Developments - http://www.ceqadevelopments.com
Fourth District Modifies CEQA Categorical Exemption Opinion Involving Palm Springs General Plan Amendment Without Altering Judgment
28 Jun 2016, 3:13 pm by Arthur F. Coon
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CEQA Developments - http://www.ceqadevelopments.com
Deficient CEQA Guidelines Appendix F Energy Impacts Analysis Causes First District To Pull The Plug On Ukiah Costco Project EIR
23 Jun 2016, 12:48 pm by Arthur F. Coon
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CEQA Developments - http://www.ceqadevelopments.com
Fourth District Holds Wal-Mart Victorville Project EIR Violates CEQA; Project Approval Findings Violate Map Act; And Project Is Inconsistent With General Plan
17 Jun 2016, 3:22 pm by Arthur F. Coon
In a decision filed May 25, and belatedly ordered published June 15, 2016, the Fourth District Court of Appeal affirmed and reversed in part a judgment of the San Bernardino County Superior Court. [read post]
CEQA Developments - http://www.ceqadevelopments.com
June 2016 CEQA Update: Legislative Developments
15 Jun 2016, 4:29 pm by Arthur F. Coon
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CEQA Developments - http://www.ceqadevelopments.com