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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]
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]
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]
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]
4 Jun 2018, 12:10 pm by Arthur F. Coon
A development project’s potential noise impacts can implicate complex and technical issues under CEQA, particularly where those impacts are asserted, in litigation by project opponents challenging a negative declaration, as the sole basis an EIR should have been required. [read post]
18 Sep 2015, 4:54 pm by Arthur F. Coon
On August 11, 2015, the Governor’s Office of Planning and Research (OPR) released a 145-page “Preliminary Discussion Draft” of “Proposed Updates to the CEQA Guidelines” (the “Discussion Draft”). [read post]
4 Jan 2011, 4:08 pm
A weasel in regalia, Microsoft is typically dodgy in its abuse of precedent to back its argument. [read post]
12 Jan 2021, 2:19 pm by Kevin LaCroix
Nessim MezrahiStephen SigristIn the following guest post, Nessim Mezrahi and Stephen Sigrist discuss their analysis of Rule 10b-5 private securities fraud litigation in 2019 and 2020 against U.S. [read post]