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Fourth District Publishes Another CEQA Decision Setting Aside San Diego Lead Agency’s EIR For Failure To Analyze And Mitigate GHG Emissions Per 2005 Executive Order; SANDAG Announces It Will Seek Review Of Related Adverse Decision

8 Dec 2014, 3:56 pm by Arthur F. Coon

Coon, posted December 1, 2014.) [read post]

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

Sixth District Affirms Judgment Dismissing CEQA Action For Failure To Timely Join Indispensable Real Party Within Limitations Period Triggered By Filing of Second, Valid NOD; Court Rejects Plaintiff’s Arguments Based On Relation Back, Estoppel, and City’s Violation of Statute Requiring It To Mail Operative NOD

1 Jun 2021, 8:52 am by Arthur F. Coon

It is not for us to legislate a remedy for the city’s violation of section 21167, subdivision (f), particularly where the remedy plaintiff seeks would conflict with express provisions of that very statute. [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

Some CEQA Reminders From The Third District: Urban Decay Requires Actual Mitigation When Identified By EIR As A Significant Project Impact – And Be Careful What You Find

14 Apr 2014, 5:37 pm by Arthur F. Coon

Please contact Arthur F. [read post]

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

Fourth District Affirms Judgment Upholding City’s Use of CEQA Guidelines’ Historical Resource (Class 31) Exemption To Approve Historic Single Family HomeRehabilitation Project; Holds “Fair Argument” Test Doesn’t Apply ToException Requiring Same Factual Determination As Exemption

16 Oct 2023, 9:37 am by Arthur F. Coon

Resources Code, § 21084(e); Guidelines, § 15300.2(f)) applied, thus removing the project from the historical resources exemption. [read post]

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

The Curious Case of the EIR Without A “Project”: Third District Rejects CEQA, Statutory Challenges To DOGGR’s “Unique” S.B. 4-Mandated EIR Analyzing Statewide Fracking/Well Stimulation Impacts

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]

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

Supreme Court CEQA Roundup – March 2019

13 Mar 2019, 4:27 pm by Arthur F. Coon

Please contact Arthur F. [read post]

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

New CEQA Standing Reform Bill (SB 1451) Proposes Positive Changes That Would Reduce “Late Hit” Document Dumps And Extend Indefinitely Current Standing Requirements For After-Formed Organization Plaintiffs

1 May 2014, 12:29 pm by Arthur F. Coon

Please contact Arthur F. [read post]

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

Legislature Enacts SB 288 to Provide New and Expanded CEQA Exemptions for Sustainable Public Transportation Projects

7 Sep 2020, 10:10 am by Arthur F. Coon

Please contact Arthur F. [read post]