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CEQA Developments

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By: Miller Starr Regalia

Blog Authors

Arthur F. Coon
Arielle Harris
Matthew C. Henderson
Sean R. Marciniak
Nadine Nassif
Bryan W. Wenter, AICP

Latest from CEQA Developments

CEQA Developments

Supreme Court Extends Time To Decide Petitions For Review In Brown Act/CEQA Exemption Case; Sonoma County Files Depublication Request And Cal Cities Files Amicus Letter Urging Review

By Arthur F. Coon
January 30, 2023

On January 25, 2023, the California Supreme Court extended to March 3, 2023 its time to grant or deny review of the Second District Court of Appeal’s published opinion in G.I. Industries v. City of Thousand Oaks (2022) 84 Cal.App.5th…

CEQA Developments

Third District Adds Brief CEQA Severance Analysis After Rehearing In Save Our Capitol! Case, Limits Its Relief To Allow Capitol Annex Demolition To Go Forward

By Arthur F. Coon
January 23, 2023

In an opinion on rehearing filed January 18, 2023, the Third District Court of Appeal reissued its previous published opinion in the Save Our Capitol! case (my January 2, 2023 post on which can be found here) with the…

CEQA Developments

Fatal “Exhaustion”: Fifth District Holds CEQA’s Statute of Limitations Ran Out On Plaintiff’s Claim While Plaintiff Thought It Was Still In Process Of Exhausting Administrative Remedies

By Matthew C. Henderson, Arthur F. Coon & Nadine Nassif
January 10, 2023

As all CEQA practitioners know, a prospective petitioner in a writ proceeding challenging a CEQA determination must first exhaust available administrative remedies as a prerequisite to filing suit.  But which remedies are subject to that requirement?  That is the question…

CEQA Developments

When CEQA Litigation Turns Tortious: First District Affirms Order Denying Anti-SLAPP Motion, Allows Malicious Prosecution Action To Proceed Against Counsel Who Brought Unsuccessful CEQA Challenge To Single-Home Project

By Arthur F. Coon
January 3, 2023

While CEQA is a complicated area of law, often criticized as a “plaintiff’s sandbox,” CEQA litigation is not a “free-for-all” immune from malicious prosecution actions when it is unsuccessfully pursued with malice and without probable cause.  Such is the teaching…

CEQA Developments

A “Capitol” Offense: Third District Holds State Capitol Building Annex/Visitor Center Project EIR Violated CEQA Due To Inadequate Project Description And Analyses Of Historical Cultural Impacts, Aesthetics, And Project Alternatives

By Arthur F. Coon
January 2, 2023

In a published opinion filed December 6, 2022, the Third District Court of Appeal reversed in part and affirmed in part the trial court’s judgment denying writ petitions in consolidated actions challenging the EIR for a major state government project…

CEQA Developments

First District Rejects CEQA Challenges To EIR For Petaluma River Apartment Project, Upholds Special Status Species Baseline And Public Safety/Emergency Access Impacts Analyses As Supported By Substantial Evidence

By Arthur F. Coon
December 19, 2022

In an opinion filed on November 14, and later certified for publication on December 13, 2022, the First District Court of Appeal (Div. 3) affirmed a Sonoma County Superior Court judgment upholding the EIR for a 180-unit apartment complex proposed…

CEQA Developments

“Yes, San Francisco, There Is A CEQA”: First District Reverses Judgment Upholding City’s Categorical Exemption Determinations For Project To Add Four 90-Foot Tall Light Standards To High School Stadium In Residential Neighborhood

By Arthur F. Coon
December 7, 2022

“Yes, Virginia, there is a Santa Claus.” – Editorial by Francis Pharcellus Church first appearing in New York newspaper The Sun on September 21, 1897
In keeping with the spirit of the holiday season, it is entirely fitting that some…

CEQA Developments

Petitions for Review Filed In Brown Act/CEQA Exemption Case

By Arthur F. Coon
December 7, 2022

On December 5, 2022, the real party in interest (Arakelian Enterprises, Inc. dba Athens Services) and respondent City of Thousand Oaks both filed petitions for review in the California Supreme Court in G.I. Industries v. City of Thousand Oaks (2022)…

CEQA Developments

Second District Denies Rehearing and Modifies Opinion In Brown Act/CEQA Exemption Case; CSAC and Solano County Seek Depublication In Supreme Court

By Arthur F. Coon
December 5, 2022

The Second District Court of Appeal (Div. 6) has issued a November 22, 2022 Order modifying its opinion and denying rehearing in G.I. Industries v. City of Thousand Oaks (2022) ___ Cal.App.5th ___, without changing the judgment.  That case expanded…

CEQA Developments

Attorney General’s Guidance On “Best Practices” For CEQA Analysis Of And Mitigation For Wildfire-Related Impacts Is Long On Litigation And Policy Advocacy, Short On Neutral Legal Analysis

By Arthur F. Coon & Matthew C. Henderson
November 23, 2022

“We didn’t start the fire….”
-Billy Joel
Wildfires are an unfortunate reality of life in California and have become of increasing concern over the past several years.  Eight of the ten largest wildfires in the state since 1932 have occurred…

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