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9 Oct 2019, 12:59 pm by Arthur F. Coon
In an opinion filed September 5, and later certified for partial publication on October 3, 2019, the Third District Court of Appeal affirmed a judgment upholding the City of Chico’s EIR and related statement of overriding considerations for Walmart’s project to expand an existing store, add a gas station, and create two new outparcels for future commercial development. [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]
21 Aug 2019, 8:51 pm by Arthur F. Coon
Introduction And Overview On August 19, 2019, the California Supreme Court issued its unanimous 38-page opinion, authored by Chief Justice Cantil-Sakauye, in the CEQA “project definition” case we’ve been tracking with interest. [read post]
19 Aug 2019, 1:31 pm by Arthur F. Coon
Trades Council, AFL-CIO (9th Cir. 1994) 31 F.3d 800, 809.) [read post]
29 Jul 2019, 4:47 pm by Arthur F. Coon
In an opinion originally filed June 28, and later certified for partial publication on July 22, 2019 (upon the request of the California Building Industry Association), the Second District Court of Appeal affirmed a judgment denying a CEQA writ petition challenging a project converting a vacant former apartment building into a boutique hotel in Los Angeles’ Hollywood area. [read post]
19 Jun 2019, 4:51 pm by Arthur F. Coon
In a 38-page opinion filed on May 16, and belatedly ordered published on June 14, 2019, the Third District Court of Appeal affirmed the trial court’s judgment rejecting all of plaintiff/appellant Center for Biological Diversity’s (“CBD”) CEQA and statutory challenges to the EIR that the California Department of Conservation, Division of Oil, Gas and Geothermal Resources (“DOGGR”) was required by S.B. [read post]
6 Jun 2019, 1:44 pm by Arthur F. Coon
The California Supreme Court heard oral arguments in an important case we’ve been following involving CEQA’s definition of a “project” on the afternoon of June 4, 2019, and took the matter under submission. [read post]
5 Apr 2019, 11:58 am by Arthur F. Coon
In a lengthy opinion filed February 22, and belatedly ordered published on March 25, 2019, the First District Court of Appeal (Div. 1) affirmed the trial court’s judgment denying a petition for writ of mandate challenging the EIR for a mixed use business and residential project (the “5M Project”) on 4 acres in downtown San Francisco. [read post]
26 Feb 2019, 10:24 am by Arthur F. Coon
Just a few updates/items of possible interest as we head toward the end of this short (but very cold and wet) month: Regulatory Developments The close of OPR’s public comment period on its Discussion Draft of the CEQA Climate Change Advisory is March 15, 2019, at 5:00 p.m. [read post]