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First District Holds CEQA Categorical Exemptions For Regulatory Agency Actions To Protect The Environment Apply To Marin County’s Plastic Bag Ban Ordinance, Recognizes Case Law Split On Standard Of Review For Exceptions

5 Aug 2013, 11:43 am by Arthur F. Coon

After years of study, Marin County adopted an Ordinance in 2011 banning single-use plastic bags and mandating a 5-cent fee on single-use paper bags; the ordinance applies to roughly 40 retailers in the unincorporated county. [read post]

CEQA Developments - http://www.ceqadevelopments.com

First District Publishes Significant CEQA Decision On Legal Feasibility Of Mitigation For Prime Farmland Losses In Masonite Corporation v. County Of Mendocino

2 Aug 2013, 3:24 pm by Arthur F. Coon

Please contact Arthur F. [read post]

CEQA Developments - http://www.ceqadevelopments.com

Sixth District Holds CEQA Action Barred By 30-Day Statute of Limitations of Government Code Section 65457 Despite City’s Filing of Notice of Exemption

30 Jul 2013, 2:12 pm by Arthur F. Coon

Please contact Arthur F. [read post]

CEQA Developments - http://www.ceqadevelopments.com

CARB Violated CEQA In Adopting GHG Regulations, But Fifth District Holds Regulations May Remain Operative Pending Compliance

23 Jul 2013, 2:03 pm by Arthur F. Coon

In a mostly-published 95-page opinion filed July 15, 2013, the Fifth District Court of Appeal reversed a trial court’s judgment and directed issuance of a writ of mandate setting aside Resolution 09-31 and two executive orders of the California Air Resource Board (CARB) approving Low Carbon Fuel Standards (LCFS) regulations promulgated to reduce greenhouse gas (GHG) emissions. [read post]

CEQA Developments - http://www.ceqadevelopments.com

Navigating Between CEQA’s Scylla and Charybdis: First District Applies Save Tara Analysis and Rejects Claims of Improper Project “Preapproval” in Neighbors For Fair Planning v. City and County of San Francisco

16 Jul 2013, 4:14 pm by Arthur F. Coon

Please contact Arthur F. [read post]

CEQA Developments - http://www.ceqadevelopments.com

No Common Interest In CEQA Compliance Prior To Project Approval, Holds Fifth District In City of Ceres Decision That Conflicts With Third District’s California Oak Decision And Common Practice

9 Jul 2013, 3:31 pm by Arthur F. Coon

Please contact Arthur F. [read post]

CEQA Developments - http://www.ceqadevelopments.com

The New Range Wars: CEQA and the Williamson Act Are Deployed To Fight Global Warming Solutions In Save Panoche Valley

3 Jul 2013, 4:38 pm by Arthur F. Coon

Nothing says “battle royal” quite like pitting several of California’s heavyweight environmental laws against one another in a “winner-take-all” litigation brawl. [read post]

CEQA Developments - http://www.ceqadevelopments.com

Is “Parking” Really A CEQA Impact? Same As It Ever Was!

25 Jun 2013, 3:12 pm by Arthur F. Coon

Please contact Arthur F. [read post]

CEQA Developments - http://www.ceqadevelopments.com

CEQA Determination Is Item of Business That Must Be Agendized Under Brown Act, Fifth District Holds

17 Jun 2013, 11:38 am by Arthur F. Coon

Please contact Arthur F. [read post]

CEQA Developments - http://www.ceqadevelopments.com

CEQA School In Session: First District Reverses Judgment Invalidating EIR for Desalination Plant Project In North Coast Rivers Alliance

6 Jun 2013, 11:46 am by Arthur F. Coon

In a lengthy published opinion filed May 21, 2013, the First District Court of Appeal reversed a judgment granting a writ of mandate and upheld as legally adequate under CEQA the Marin Municipal Water District’s EIR for development and construction of a desalination plant in Marin County. [read post]

CEQA Developments - http://www.ceqadevelopments.com

The Direction of CEQA “Reform” Under Proposed SB 731: One Step Up and Three Steps Back?

17 May 2013, 10:15 am by Arthur F. Coon

There has been a lot of buzz around proposed SB 731, which is working its way through the State Legislature and will be heard Monday, May 20, in the Senate Appropriations Committee. [read post]

CEQA Developments - http://www.ceqadevelopments.com

Towards Not Reinventing The CEQA Wheel: Resources Agency Adopts New CEQA Guidelines For Streamlined Review of Urban Infill Development

8 May 2013, 2:41 pm by Arthur F. Coon

(See Arthur F. [read post]

CEQA Developments - http://www.ceqadevelopments.com

Missing CEQA Statute of Limitations Is Not Excusable Neglect, Third District Holds

1 May 2013, 11:42 am by Arthur F. Coon

Please contact Arthur F. [read post]

CEQA Developments - http://www.ceqadevelopments.com

First District Holds CEQA Remedies Provision Allows Park District’s Eminent Domain Action To Proceed Pending Preparation of Project EIR So Long As Property Not Actually Acquired

24 Apr 2013, 3:18 pm by Arthur F. Coon

Please contact Arthur F. [read post]