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Fall 2014 CEQA Roundup: Legislative and Regulatory Developments
16 Oct 2014, 4:35 pm by Arthur F. Coon and Matthew C. Henderson
  Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Holds CEQA’s Application To Public Agency’s Approval of Railroad Operations Is Preempted By Federal Law Despite Agency’s Agreement To Conduct CEQA Review And Preparation of EIR
6 Oct 2014, 1:33 pm by Arthur F. Coon
Coon, posted 8/4/14.) [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
Governor Brown Is Not CEQA “Public Agency,” Holds Third District In Indian Casino Case
25 Sep 2014, 1:36 pm by Arthur F. Coon
  Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
CEQA Administrative Record Preparation Costs – Who Pays and When? First District Provides Guidance In Coalition For Adequate Review v. City and County of San Francisco
22 Sep 2014, 2:55 pm by Arthur F. Coon
’”  (Quoting § 21167.6(f).) [read post]
CEQA Developments - http://www.ceqadevelopments.com
Tentative Map Approval Is CEQA “Project”, Holds Third District In Published Opinion Also Addressing Prejudicial Error, Agency Discretion To Adopt Thresholds Of Significance, Deferred Mitigation, And Other Significant CEQA Issues
15 Sep 2014, 10:09 am by Arthur F. Coon
”  Significantly, the Court pointedly rejected plaintiffs’ attempted reliance on an earlier court of appeal precedent for the asserted principle that “[f]ailure to comply with the CEQA procedures is necessarily prejudicial[,]” noting that statement “does not comport with either CEQA section 21005 or with the Supreme Court’s decision in Neighbors for Smart Rail [v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fifth District Reaffirms Its CEQA Historicity Rules in Citizens for the Restoration of L Street v. City of Fresno
8 Sep 2014, 1:30 pm by Arthur F. Coon
  Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Parkmerced Project Upheld Against CEQA and General Plan Inconsistency Challenges In San Francisco Tomorrow v. City and County of San Francisco
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]
CEQA Developments - http://www.ceqadevelopments.com
Governor’s Passion For Legislative CEQA Reform Has Waned, Contra Costa Times Reports After Mercury News Interview
25 Aug 2014, 10:11 am by Arthur F. Coon
” by Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
California Supreme Court Holds CEQA Inapplicable To City’s Adoption Of Qualified Voter Initiative Approving Wal-Mart “Supercenter” Project
8 Aug 2014, 3:15 pm by Arthur F. Coon
  Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Kern County’s CEQA Mitigation Measure For Wind Farm Project Relying On FAA Review and Determination of Aviation Safety Impacts Is Legally Feasible, Holds Fifth District
7 Aug 2014, 2:11 pm by Arthur F. Coon
  Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Estopping the “Revolving Door” CEQA/Land Use Plaintiff: Roberson v. City of Rialto Holds Different Plaintiffs Litigating To Vindicate Same Public Interests Are Still In Privity
6 Aug 2014, 11:18 am by Arthur F. Coon
  Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Of High Speed Rails and Litigation Snails: The Train Rolls On As Third District Rejects Additional CEQA Challenges To High-Speed Rail Authority’s Revised Final Program EIR Analyzing Central Valley To San Francisco Bay Area Track Route
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]
CEQA Developments - http://www.ceqadevelopments.com
Eight Is Not Enough: CEQA Challenge To Eighth Addendum To San Jose International Airport Master Plan EIR Is Rejected By Sixth District, Which Holds Plan Modifications To Accommodate Projected Decreases In Air Cargo and General Aviation Are Not “New Project” Requiring Supplemental or Subsequent EIR
15 Jul 2014, 3:19 pm by Arthur F. Coon
  Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Whatever the EIR’s Name, CEQA’s Rules For Substantive Content and Subsequent Review Remain The Same: First District Upholds EIR for Treasure Island Redevelopment Project
14 Jul 2014, 1:55 pm by Arthur F. Coon
  Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fifth District Upholds CEQA Exemptions For Ongoing Pre-CEQA Projects And Continued Operation of Existing Facilities To Reject Challenge To Two-Year Interim CVP Water Contract Renewals
11 Jul 2014, 5:13 pm by Arthur F. Coon
  Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fifth District Upholds CEQA Exemptions For Ongoing Pre-CEQA Projects And Continued Operation of Existing Facilities To Reject Challenge To Two-Year Interim CVP Water Contract Renewals
11 Jul 2014, 4:52 pm by Arthur F. Coon
  Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Supreme Court’s CEQA Docket Expands With Grant of Review in Newhall Ranch Case
10 Jul 2014, 9:04 am by Arthur F. Coon
  Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Applies CEQA Feasibility Analysis, Holds BCDC’s Rejection of Suisun Marsh Landfill Expansion Project Alternatives As Economically Infeasible Was Supported By Substantial Evidence
30 Jun 2014, 11:55 am by Arthur F. Coon
  Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Holds CEQA Statute Of Limitations Bars Citizens Group’s Challenge To College Of San Mateo Tree Cutting
23 Jun 2014, 10:20 am by Arthur F. Coon
In a published opinion, the First District Court of Appeal reversed the trial court’s judgment granting a writ and held that a CEQA action filed by a citizens group against a community college district and its board of trustees was time-barred under either the 30- or 180-day statute of limitations contained in Public Resources Code § 21167. [read post]
CEQA Developments - http://www.ceqadevelopments.com