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Fifth District Clarifies That Agricultural Conservation Easements (ACE’s) Qualify As Legally Permissible “Compensatory Mitigation” For Agricultural-Land Conversion Impacts Under CEQA Despite Not Ensuring No Net Loss
21 Mar 2024, 9:24 am by Arthur F. Coon
  V Lions Farming, LLC v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Reversal of Misfortune: Second District Holds CEQA Action Challenging Los Angeles Housing Development Project Barred By Statute of Limitations, Reverses Trial Court Judgment Rejecting MND and Requiring EIR
29 Jan 2024, 8:41 am by Arthur F. Coon
City of Los Angeles (TTLE Los Angeles – El Sereno LLC et al, Real Parties in Interest) (2024) 98 Cal.App.5th 1087. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Denies Rehearing and Publication Requests, Slightly Modifies Opinion With No Change in Judgment in CEQA Case Upholding U.C. Regents’ EIR for Parnassus Heights Campus Long-Range Development Plan; Petitions For Review Filed
8 Nov 2023, 10:25 am by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Affirms Judgment Upholding UCSF’s EIR for Long-Range Development Plan Substantially Increasing Parnassus Heights Campus Development Against Numerous CEQA Challenges
10 Oct 2023, 8:40 am by Arthur F. Coon
  Yerba Buena Neighborhood Consortium, LLC, et al v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Third District Affirms Judgment Denying CEQA Writ Petition Challenging Sacramento County’s Approval of Mather South Community Master Plan, Issues Narrow Holding Rejecting Challenges to County’s GHG Thresholds Methodology In Partially Published Opinion
22 Sep 2023, 8:57 am by Arthur F. Coon
Tsakopoulos Investments, LLC v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
CEQA Writ Simple: Fourth District Holds Trial Court Erred In Retaining Continuing Jurisdiction And Not Discharging Peremptory Writ That Ordered Only Set Aside Remedy Where Lead Agency’s Return Demonstrated Full Compliance
14 Aug 2023, 9:11 am by Arthur F. Coon
”  (Quoting POET, LLC v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Holds Increased Enrollment-Related CEQA Challenges To UC Regents’ 2018 SEIR For Berkeley Campus Development And Minor LRDP Amendment Are Mooted By Superseding 2021 LRDP Update EIR And Passage Of SB 118
30 May 2023, 5:02 pm by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Sixth District Holds Downtown San Jose Office Project FSEIR’s Brief Discussion And Rejection of “Compensatory” Mitigation for Historic Buildings Razed By Project Was Informationally Adequate Under CEQA Based On City’s Unchallenged Factual Finding That No Similar Historic Buildings Existed Elsewhere In City’s Downtown
22 May 2023, 10:58 am by Arthur F. Coon
City of San Jose (SJ Cityview, LLC, Real Party in Interest) (2023) ___ Cal.App.5th ___. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Slapping Down An Anti-SLAPP: First District Holds Next-Door Neighbor Opponents Of Residential Renovation Project And Related CEQA Compliance In City’s Administrative Proceedings Were Properly Named As Real Parties In Interest In Project Proponent’s Subsequent Mandate Action Challenging City’s Project Denial
12 May 2023, 4:57 pm by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Indian Law Bulletins Updated 4/19/2023
19 Apr 2023, 1:42 pm by NARF
New Mexico Compilation Commission Advisory Committee (Constitutional Amendment) Lustre Oil Company LLC v. [read post]
National Indian Law Library -- News - http://nilllibrary.blogspot.com/
First District Affirms Judgment Rejecting All CEQA Challenges To Oakland A’s Ballpark Development EIR Except Improper Deferral of Wind Impacts Mitigation
11 Apr 2023, 8:52 am by Arthur F. Coon
In a 72-page published opinion filed March 30, 2023, the First District Court of Appeal (Div. 4) affirmed in full the trial court’s judgment, which upheld the EIR for the Oakland Waterfront Ballpark District Project (project) with the sole exception of its wind mitigation measure. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fourth District Holds Addendum To 2010 Program EIR For Irvine Business Complex Vision Plan Violated CEQA Because Conclusion That Large Infill Project’s GHG Emissions Would Be Less Than Significant Lacked Substantial Evidence And Project Was Not Exempt
21 Feb 2023, 1:21 pm by Arthur F. Coon
City of Irvine (Gemdale 2400 Barranca Holdings, LLC, Real Party in Interest) (2023) ___ Cal.App.5th ___. [read post]
CEQA Developments - http://www.ceqadevelopments.com
CEQA Mixed-Use “Mix and Match” Upheld: Second District Holds Stable Project Description Requirement Does Not Mean Ultimately Approved Version of Revised Mixed Use Project Must Match An Alternative Analyzed In EIR, And New Project Alternative Added to FEIR Does Not Require Recirculation
7 Jul 2022, 11:22 am by Arthur F. Coon
City of Los Angeles, et al (The Icon at Panorama, LLC, Real Party in Interest) (2022) 76 Cal.App.5th 1154. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Sixth District Belatedly Orders Published Its Opinion Upholding Constitutionality Of Judicial Council’s Emergency Rule Altering CEQA’s Statutes Of Limitations
2 Jun 2022, 8:57 am by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Holds EIR’s Analysis of “No Project” Alternative To City of Livermore Residential Development Violated CEQA By Failing To Discuss Feasibility Of Purchasing And Preserving Habitat-Rich Garaventa Hills Project Site, Also Addresses Significant Issues Involving Exhaustion Doctrine And Adequacy of Mitigation
4 Apr 2022, 1:15 pm by Arthur F. Coon
In a published decision filed March 30, 2022, the First District Court of Appeal (Division 5) reversed a trial court judgment upholding the reissued final environmental impact report (“RFEIR”) for a 44-single family residence project on a unique, species- and habitat- rich 32-acre site in the City of Livermore’s Garaventa Hills area. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Affirms Judgment Upholding Statutory CEQA Exemption For Housing Project Consistent With EIR-Reviewed Specific Plan, Rejects Claims That Changes In Project Or Circumstances Required Subsequent EIR
8 Feb 2022, 10:29 am by Arthur F. Coon
., (SI XVII, LLC, et al, Real Parties in Interest) (2022) ___ Cal.App.5th ___. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fourth District Addresses Numerous Significant CEQA Issues In Action Challenging City of San Diego’s Utility Undergrounding Projects
21 Oct 2021, 4:44 pm by Arthur F. Coon
City of San Jose (2013) 220 Cal.App.4th 1325, 1345 [my 11/12/13 post on which can be found here]; Clews Land & Livestock, LLC v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Let’s Get Regional: Third District Holds Olympic Valley Resort Project EIR’s Environmental Setting Description and Analysis Violated CEQA’s Requirement To Place Special Emphasis On Unique Regional Environmental Resources By Failing To Sufficiently Consider Lake Tahoe
4 Oct 2021, 11:00 am by Arthur F. Coon
County of Placer (Squaw Valley Real Estate, LLC, Real Party in Interest) (2021) ___ Cal.App.5th ___. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Holds CEQA Special Legislation For Oakland Howard Terminal Project (AB 734) Did Not Incorporate AB 900 Guidelines’ Deadline For Governor Certification; Governor Newsom’s Certification of Project As Qualifying For Expedited Judicial Review Was Timely
16 Aug 2021, 3:36 pm by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Is More Litigation the Remedy for Meritless CEQA Litigation? Fourth District Concludes Malicious Prosecution Action Against Losing CEQA Plaintiffs Survives Anti-SLAPP Motion
17 May 2021, 10:27 am by Arthur F. Coon
The trial court denied the Ranch’s petition for writ of mandate and complaint, and the Court of Appeal affirmed that judgment in Clews Land and Livestock, LLC v. [read post]
CEQA Developments - http://www.ceqadevelopments.com