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25 Jun 2018, 2:40 pm by Arthur F. Coon
The Court noted it “has no obligation to perfect an inadequate record” and that “the general rule is that “[f]ailure to provide an adequate record concerning an issue challenged on appeal requires that the issue be resolved against the appellant. [read post]
20 Aug 2018, 11:14 am by Arthur F. Coon
  It also credited fact-based public commentary and observations as showing potentially significant traffic impacts, and observed that the Initial Study itself confirmed a Project-caused change in traffic LOS from E to F, which adverse impact was not rendered insignificant under CEQA or “trumped” by City’s adopted threshold of significance to that effect. [read post]
12 May 2015, 12:51 pm by Arthur F. Coon
The Court of Appeal’s Application Of The “Fair Argument” Test The Court of Appeal observed that CEQA provides no “ironclad definition” of what constitutes a significant effect and that “[i]f there is disagreement among expert opinion supported by facts …. the Lead Agency shall treat the effect as significant and shall prepare an EIR” (citing 14 Cal. [read post]
11 May 2021, 11:48 am by Arthur F. Coon
In a lengthy opinion filed April 8, and ordered published on May 7, 2021, the Third District Court of Appeal affirmed a judgment rejecting a number of CEQA challenges to the California State Land Commission’s (Lands Commission) supplemental EIR for and related approval of a lease modification to facilitate a desalination plant in Huntington Beach. [read post]
31 Mar 2017, 3:37 pm by Arthur F. Coon
In a unanimous 29-page opinion authored by Associate Justice Carol Corrigan, and filed on March 30, 2017, the California Supreme Court held the City of Newport Beach’s EIR for a large mixed-use development project proposed on a 400-acre coastal zone site failed to comply with CEQA. [read post]
3 Mar 2015, 11:19 am by Arthur F. Coon
Tracing the early legislative and judicial history of CEQA, the Court observed that its landmark Friends of Mammoth decision construing CEQA to apply to approvals of private projects noted that CEQA “deals…with questions of degree” and that “[f]urther legislative or administra [read post]
31 Oct 2022, 12:32 pm by Arthur F. Coon
In a published opinion filed October 26, 2022, the Second District Court of Appeal (Div. 6) appears to have significantly expanded the reach of both the Brown Act and the procedural requirements of CEQA in holding, on an issue of first impression, that a public agency must list its staff’s determination that a project is exempt from CEQA as an item of business on the agenda for the meeting at which it considers the project approval. [read post]
28 Oct 2019, 1:12 pm by Arthur F. Coon
  However, “[i]f the project may have significant effects, but mitigation measures will make the effects insignificant, the agency may adopt a mitigated negative declaration. [read post]
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]
23 Aug 2021, 8:52 am by Arthur F. Coon
In a published opinion filed August 19, 2021, the Second District Court of Appeal reversed a judgment of the Los Angeles County Superior Court that found fault with the EIR for an improvement project within the San Gabriel Mountains National Monument portion of the Angeles National Forest. [read post]
29 Aug 2019, 7:56 am by Arthur F. Coon
In an opinion originally filed on July 31, and belatedly ordered published on August 22, 2019, the Second District Court of Appeal (Division 3) affirmed a judgment granting a CEQA writ petition invalidating the final EIR and project entitlements for the Millennium Project, a controversial proposed mixed-use development on a 4.47-acre parcel straddling Vine Street and surrounding the historic Capital Records Building in Hollywood. [read post]
4 Apr 2017, 9:17 am by Arthur F. Coon
Like the fable of the blind men and the elephant, CEQA’s prohibition on “piecemealing” of environmental review is animated by a basic recognition that the “whole” of an action under review is greater than its individual parts viewed separately. [read post]
26 Oct 2015, 3:24 pm by Arthur F. Coon
On September 18 and October 5, 2015, I posted Parts I and II, respectively, of my comments on OPR’s August 11, 2015 Preliminary Discussion Draft of its “Proposed Updates to the CEQA Guidelines” (the “Discussion Draft”). [read post]
16 Jun 2014, 2:47 pm by Jamie Dierks
In a lengthy and scholastic published opinion filed May 27, 2014, the Fifth District Court of Appeal reversed and remanded the trial court’s decision, which had upheld the EIR and other approvals (including a General Plan Amendment, Specific Plan, rezoning, and Development Agreement) for the Friant Ranch project. [read post]
6 Jan 2021, 4:47 pm by Arthur F. Coon
In a published opinion filed December 29, 2020, the First District Court of Appeal affirmed a judgment denying a petition for writ of mandate filed by the Santa Clara Valley Water District (District) challenging waste discharge requirements (WDRs) belatedly imposed by a responsible agency, the San Francisco Bay Regional Water Quality Control Board (Board), on lead agency District’s flood control project. [read post]