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Supreme Court Holds Stanislaus County Well Permit Decisions Under State Standards Are Neither Categorically Ministerial Nor Categorically Discretionary In Nature; Rather, Whether CEQA-Triggering Discretion Exists Must Be Determined On Case-By-Case Basis
28 Aug 2020, 12:25 pm by Arthur F. Coon
Fish & Game Com. (1997) 16 Cal.4th 105, 117; Leach v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fourth District Affirms Judgment Rejecting Numerous CEQA Challenges to EIR and Approval Process for Large Master-Planned Riverside County Development Project
27 Mar 2017, 1:53 pm by Arthur F. Coon
City of West Hollywood (2008) 45 Cal.4th 116, 139.) [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fourth District Holds CEQA’s Definition of “Project” Does Not Encompass Municipal Ordinance Merely Restating Existing Prohibition of Mobile Marijuana Dispensaries
25 Mar 2016, 3:09 pm by Arthur F. Coon
Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
When CEQA Violations Are An Afterthought: Fourth District Upholds Trial Court’s Independent Judgment Determination That City Of Anaheim Is Equitably Estopped To Unilaterally Modify Resort Hotel CUP Conditions
25 Jan 2016, 11:56 am by Arthur F. Coon
  (E.g., Families Unafraid to Uphold Rural El Dorado County v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Holds LA’s Water Allocations To Agricultural Lessees Were Authorized Under Existing Leases And Did Not Constitute Or Implement A Separate “Project” Subject to CEQA Review
2 Aug 2022, 5:41 pm by Matthew C. Henderson and Arthur F. Coon
The First District Court of Appeal filed on June 30, and later ordered published on July 26, 2022, its opinion in County of Mono v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fourth District Rejects CEQA And Municipal Code Challenges To City Of Santa Cruz’s Project Approvals And EIR For Small Multifamily Housing Project
9 Mar 2022, 2:55 pm by Matthew C. Henderson and Arthur F. Coon
  Ocean Street Extension Neighborhood Assn. v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Spring CEQA Notes – May 2019
14 May 2019, 1:34 pm by Arthur F. Coon
Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Out With The Old (And In With The New … Next Year)! – Third District Rejects CEQA And General Plan Consistency Challenges to Sacramento’s 2035 General Plan Update And Related EIR, Holds Traffic Analysis Challenge Based On Lowering of Acceptable LOS Is Mooted By Public Resources Code § 20199, But New VMT Standard Doesn’t Yet Apply
23 Dec 2019, 1:36 pm by Arthur F. Coon
”  (Citing Federation of Hillside & Canyon Assns. v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Second District Holds CEQA Does Not Apply to San Luis Obispo County’s Issuance of Well Construction Permits Under Its Ministerial Governing Ordinance
30 Jul 2018, 10:24 am by Arthur F. Coon
Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Whatever the EIR’s Name, CEQA’s Rules For Substantive Content and Subsequent Review Remain The Same: First District Upholds EIR for Treasure Island Redevelopment Project
14 Jul 2014, 1:55 pm by Arthur F. Coon
City and County of San Francisco, et al. [read post]
CEQA Developments - http://www.ceqadevelopments.com
“Permanent Vacation” In Palm Springs? – Fourth District Holds CEQA’s Short 35-Day Statute of Limitations Does Not Apply Despite City’s Filing of NOE Due To Subsequent Material Change In Street Vacation Project Which Triggered Maximum 180-Day Limitations Period
6 Mar 2023, 11:50 am by Arthur F. Coon
’”  (Quoting City of Chula Vista v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
[Eugene Volokh] Amicus brief in Second Amendment gun store zoning case
3 Oct 2016, 5:53 am by Eugene Volokh
Caplin & Drysdale, Chartered v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Fourth District Belatedly Publishes CEQA Opinion Upholding City of Newport Beach’s Approval of Multifamily-Housing Development Pursuant To Addendum To 2006 EIR For Larger Mixed-Use Development
8 Aug 2023, 8:28 am by Matthew C. Henderson and Arthur F. Coon
Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Holds CEQA Challenge To Shooting Range Project On City-Owned Land In Unincorporated County Was Not Mooted By Project’s Construction During Trial Court Proceedings Despite Petitioner’s Failure To Seek Preliminary Injunction
4 Apr 2024, 1:50 pm by Arthur F. Coon
” The Court also distinguished Wilson & Wilson v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
9th Circuit Takes Belt and Suspenders Approach to Takings and Due Process Challenge to Cal. Rent Control Ordinance
29 Nov 2008, 12:21 am
Miller, 104 F.3d 1133, 1136 (9th Cir. 1997). [read post]
inversecondemnation.com - http://www.inversecondemnation.com/inversecondemnation/
San Francisco Beautiful CEQA Decision Interpreting Class 3 Categorical Exemption For Installation of Small Structures Is Ordered Published By First District
2 Jun 2014, 2:26 pm by Arthur F. Coon
City and County of San Francisco, et al. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Second District Holds Ventura County’s Adoption of Ordinance Creating Wildlife Migration Corridor Overlay Zones In County’s Rural Areas Did Not Violate SMARA And Was Properly Determined Categorically Exempt From CEQA
16 Nov 2023, 12:24 pm by Arthur F. Coon
City and County of San Francisco (2013) 222 Cal.App.4th 863; Save the Plastic Bag Coalition v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Berkeley Hillside CEQA Cat Ex Case Redux: Kapors Get Their Mansion, First District’s Belatedly Published Opinion Upholds City’s Decision That “Unusual Circumstances” Exception Does Not Apply
10 Nov 2015, 11:56 am by Arthur F. Coon
” (Citing Salmon Protection & Watershed Network v. [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
  Here, as a matter of law, “[t]he City’s filing of the second NOD with the county clerk provided constructive notice of Microsoft’s identity precluding plaintiff’s ability to claim genuine ignorance. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Home(s) In The “Range”: Fourth District Overturns CEQA Exemption For City of Palm Springs’ General Plan Amendment Removing Minimum Residential Density Requirements
24 May 2016, 3:55 pm by Arthur F. Coon
Monterey County Bd. of Supervisors (2001) 87 Cal.App.4th 99, 125-126), but strangely neglected to discuss potentially relevant future baseline authorities, including most prominently the Supreme Court’s landmark decision in Neighbors for Smart Rail v. [read post]
CEQA Developments - http://www.ceqadevelopments.com