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In a 2-1 published opinion filed November 24, 2014, the Fourth District Court of Appeal, Division 1, affirmed and modified the trial court’s judgment granting writ petitions by plaintiff groups challenging the EIR for the San Diego Association of Governments’ (SANDAG) 2050 Regional Transportation Plan/Sustainable Communities Strategy (2050 RTP/SCS). [read post]

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

First District Holds Public Agency’s Inadvertent Disclosure of Privileged Documents In Response To PRA Request Does Not Waive Privilege; Decision Has Implications For Administrative Record Preparation Process In CEQA And Other Actions

25 Aug 2015, 2:42 pm by Arthur F. Coon

Please contact Arthur F. [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

“Hot Bench” For Advocates In Supreme Court CEQA Subsequent Review Case

4 May 2016, 3:11 pm by Arthur F. Coon

(For my prior post briefly describing the case’s facts, legal issues and significance, see “Supreme Court Set to Hear Important CEQA Subsequent Review Case,” by Arthur F. [read post]

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

When “Tigers Eat Their Young” – Federal Preemption Of CEQA In Context Of Railroad Projects Will Continue To Present Complex Issues Following U.S. Supreme Court’s Denial of Certiorari In Friends Of Eel River Case

4 May 2018, 12:24 pm by Arthur F. Coon

Please contact Arthur F. [read post]

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

Failure to Pursue and Exhaust Administrative Appeal Remedy Results In Forfeiture of CEQA Challenge To Categorical Exemption Despite Lower Body’s Defective Hearing Notice

13 Apr 2021, 10:34 am by Arthur F. Coon

Please contact Arthur F. [read post]

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

California Supreme Court Grants Review of Third District Decision Involving FERC Relicensing of State’s Oroville Hydroelectric Dam Project To Decide Extent To Which Federal Power Act Preempts CEQA; Merits Briefing Underway

20 Apr 2020, 9:23 am by Arthur F. Coon

Please contact Arthur F. [read post]

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

Supreme Court Holds CEQA’s Exhaustion Requirement Applies To Categorical Exemption Challenges

18 Jun 2012, 4:25 pm by Arthur F. Coon

Please contact Arthur F. [read post]

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

CEQA Baseline Decisions In Conflict After Second District’s Neighbors for Smart Rail Decision

2 May 2012, 3:48 pm by Arthur F. Coon

County of Madera (5th Dist. 2011) 199 Cal.App.4th 48; see also “CEQA Baselines: New Sunnyvale Case Sanctions EIR’s Use of Multiple Traffic Baselines,” by Arthur F. [read post]

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

Timing Is Everything: CEQA Notice of Exemption Must Be Both Facially Valid And Properly Filed To Trigger Short Limitations Period

19 Sep 2012, 1:56 pm by Arthur F. Coon

Please contact Arthur F. [read post]

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

Burnishing the “Golden Door”: Fourth District Modifies Recent Opinion Requiring Lead Agency Preservation of CEQA Administrative Record Documents, Denies Petitions for Rehearing and Leaves Judgment Unchanged

26 Aug 2020, 10:35 am by Arthur F. Coon

Please contact Arthur F. [read post]

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