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Fifth District Holds Issue Exhaustion Not Required Where Agency Gave No Notice of Intent To Rely On CEQA Exemption Prior to Hearing, And Existing Facilities Categorical Exemption Does Not Apply to Unlined Landfills As A Matter of Law
23 Aug 2021, 4:42 pm by Arielle Harris and Arthur F. Coon
  City of Los Angeles etc. v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Second District Confirms Parking Is (Still) Not A CEQA Impact, Reverses Judgment That Found EIR For San Gabriel Mountains Wilderness Recreation And Preservation Project Deficient For Not Sufficiently Analyzing “Impact” Of Reducing Recreational Parking
23 Aug 2021, 8:52 am by Arthur F. Coon
  Save Our Access – San Gabriel Mountains v. [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
  Pacific Merchant Shipping Association, et al. v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Addresses CEQA Statute of Limitations And Tolling Agreement Rules In Affirming Judgment Upholding EBRPD’s Approval of Tree Removal MOU With PG&E
6 Jul 2021, 8:55 am by Arthur F. Coon
  Save Lafayette Trees, et. al v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Flunking CEQA’s “Fair Argument” Test: Third District Affirms Judgment Upholding MND for El Dorado County Bridge Replacement Project, Rejects Arguments Based on Alleged Significant Impacts on Fire Evacuation Routes During Construction As Insufficient To Require EIR
21 Jun 2021, 8:55 am by Arthur F. Coon
  Newtown Preservation Society, et al. 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
” (Citing Penn-Co v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Law and Media Round Up – 24 May 2021
23 May 2021, 4:08 pm by INFORRM
Officials also obtained records from Starr’s work and personal email addresses. [read post]
Inforrm\'s Blog - https://inforrm.wordpress.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
  Jan Dunning, et al. v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Third District Affirms Judgment Upholding State Lands Commission’s Supplemental EIR For Desalination Plant Lease Modification, Rejects CEQA Claims That Commission Piecemealed Review And Should Have Assumed Lead Agency Status And Prepared A Subsequent EIR
11 May 2021, 11:48 am by Arthur F. Coon
  California Coastkeeper Alliance v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Affirms Judgment Rejecting CEQA and General Plan Consistency Challenges to Napa County’s EIR for Syar Quarry Expansion Project, Addresses Significant Exhaustion and Land Use Issues
3 May 2021, 9:58 am by Arthur F. Coon
  Stop Syar Expansion v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Supreme Court Denies Review of And Depublishes Second District Refinery Project Case Addressing CEQA Baseline Issues
21 Apr 2021, 9:02 am by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
OPINIONS – April 14, 2021
14 Apr 2021, 6:14 am by mtlawlibrary
State  v. [read post]
State Law Library of Montana - https://mtlawlibrary.wordpress.com/
Failure to Pursue and Exhaust Administrative Appeal Remedy Results In Forfeiture of CEQA Challenge To Categorical Exemption Despite Lower Body’s Defective Hearing Notice
13 Apr 2021, 10:34 am by Arthur F. Coon
  Schmid v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Must CEQA Compliance Precede Project Approval? When State Water Board Water Quality Certifications Are Involved, The Answer Is As “Clear as Mud”
4 Mar 2021, 5:22 pm by Arthur F. Coon
., POET, LLC v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
“Unfair Trade Practices” Exclusion Does Not Extend to Consumer Protection Claims
2 Feb 2021, 7:09 pm by <p style="margin-bottom:0;"><a href='http://www.fbm.com/Mary_E_McCutcheon/'><img src="https://policyholderperspective.lexblogplatform.com/wp-content/uploads/sites/69/userphoto/122-1551203108.thumbnail.jpg" alt="Photo
Co. v. [read post]
Policyholder Perspective - http://www.farellacoveragelaw.com/
[Josh Blackman] When the Solicitor General Changes His Position "Upon Further Reflection"
2 Feb 2021, 6:00 am by Josh Blackman
United States, and US Airways v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
2020: A Look Back at the Year’s CEQA Case Law
18 Jan 2021, 7:58 pm by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Can a Responsible Agency Get A Second Bite At The CEQA Apple? First District Says “Sometimes, Yes,” Upholds Regional Water Board’s Imposition of Additional Mitigation On Flood Control Project Through “Independent” Porter-Cologne Act Authority Exercised Subsequent To Grant Of CWA § 401 Water Quality Certification Based On Lead Agency’s Unchallenged Final EIR
6 Jan 2021, 4:47 pm by Arthur F. Coon
  Santa Clara Valley Water District v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
product changes as false advertising: TM may serve as express warranty of formulation & quality
30 Dec 2020, 1:47 pm by Rebecca Tushnet
Starr v. [read post]
43(B)log - http://tushnet.blogspot.com/
Remedial Legal Logic: Fifth District Doubles Down On Split with Other Districts in Holding CEQA Doesn’t Allow Limited Writ Remedy of Partial EIR Decertification – But Does It Really Matter?
29 Nov 2020, 8:08 pm by Arthur F. Coon
  Sierra Club v. [read post]
CEQA Developments - http://www.ceqadevelopments.com