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CEQA Developments
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CEQA Developments
Supreme Court Depublishes Partially Published Decision Applying Settled “Final Judgment” Rules In CEQA Writ Action
On March 13, 2019, at the losing Petitioner/Appellant’s request, the California Supreme Court ordered depublication of the Sixth District’s partially published opinion in Alliance of Concerned Citizens Organized for Responsible…
CEQA Developments
Supreme Court CEQA Roundup – March 2019
Spring now being practically “in the air,” a bit of CEQA “spring cleaning” seems appropriate – so here’s a brief look at the status of some significant CEQA-related cases that…
CEQA Developments
Supreme Court Denies Review And Depublishes CEQA Subsequent Review/“Spot-Zoning” Case Involving Partially Built Los Angeles Target Superstore Project
On November 20, 2018, in response to a petition for review filed by the Target Superstore project’s opponent, plaintiff (and respondent on appeal) Citizens Coalition Los Angeles, the California Supreme…
CEQA Developments
CEQA Roundup – February 2019
Just a few updates/items of possible interest as we head toward the end of this short (but very cold and wet) month: Regulatory Developments The close of OPR’s public comment…
CEQA Developments
Coastal Act Trumps CEQA: CDP Challenger Must Administratively Appeal Local Entity’s Approval To Coastal Commission Before Bringing Judicial Action
In a published opinion filed February 13, 2019, the Fourth District Court of Appeal (Division 3) reaffirmed the need for a CEQA litigant challenging a coastal development permit to appeal…
CEQA Developments
First District Upholds CEQA Class 3 Categorical Exemption For Single Family Residence Projects In Berkeley Hills, Rejects Claim That “Location” Exception Applies Based On Site’s Location Within Mapped Earthquake Fault And Landslide Areas
In a partially published opinion filed January 30, 2019, the First District Court of Appeal (Div. 1) affirmed a judgment denying a writ petition challenging the City of Berkeley’s approval…
CEQA Developments
California Supreme Court Grants Review Of Regulatory Taking Issues In San Diego Single Family Residence CEQA Case; Merits Briefs To Be Filed Soon
Most real estate developers would likely agree that, even when correctly applied and complied with, CEQA can be an onerous law which can significantly complicate, delay, increase the cost of,…
CEQA Developments
Fourth District Rejects CEQA Challenge To San Diego’s Use of Existing Facilities Categorical Exemption For Mission Beach Amusement Park Lease Amendment and Extension
In an opinion filed December 27, 2018, and later ordered published on January 15, 2019, the Fourth District Court of Appeal (Div. 1) affirmed the trial court’s judgment rejecting CEQA…
CEQA Developments
Delineating CEQA’s Scope: First District Holds CEQA Does Not Apply To Ministerial Approval Of Multifamily Housing Project Allowed By Right Under Zoning Where City’s Discretion Was Limited To Design Review
In an opinion filed December 18, 2018, and later ordered published on January 10, 2019, the First District Court of Appeal affirmed a judgment denying appellant citizen groups’ writ petition…
CEQA Developments
CEQA Regulatory Update: OPR Provides Further Guidance on VMT, Asks for Input on GHGs; Guidelines Revisions Now Effective
By Arthur F. Coon, Matthew C. Henderson
Late last month the Governor’s Office of Planning and Research (OPR) released two documents of interest to CEQA practitioners. One is a discussion draft of a “CEQA and Climate Change…