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CEQA Developments
“Sauce For The Gander”: Second District Holds CEQA’s Broad Definition Of “Project” Also Applies In Determining Scope of Activity To Which Statutory Exemption Applies
In a published decision filed June 12, 2018, the Second District Court of Appeal (Div. 6) held that the same broad definition of a “project” that mandates more extensive CEQA…
CEQA Developments
New OPR Technical Advisory Lists Legislative CEQA Exemptions Found Outside Statute
On June 6, 2018, the Governor’s Office of Planning and Research (OPR) announced that it had issued a new technical advisory listing legislative CEQA exemptions located in statutes outside of…
CEQA Developments
Filtering The CEQA Noise: First District Upholds Santa Rosa’s Negative Declaration For “Dream Center” Youth Housing Project, Holds Non-Expert Predictions Of Significant Noise Impacts Failed To Raise “Fair Argument” Supported By Substantial Evidence
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…
CEQA Developments
When “Tigers Eat Their Young” – Federal Preemption Of CEQA In Context Of Railroad Projects Will Continue To Present Complex Issues Following U.S. Supreme Court’s Denial of Certiorari In Friends Of Eel River Case
On April 30, 2018, the United States Supreme Court denied the petition for writ of certiorari filed in North Coast Railroad Authority v. Friends of the Eel River, U.S. Supreme…
CEQA Developments
First District Rejects Numerous CEQA Challenges To RFEIR For Propane Recovery Project At Phillips 66 Company’s Rodeo Oil Refinery, Affirms Judgment Issuing Limited Writ
In an opinion filed March 20, and later certified for publication on April 12, 2018, the First District Court of Appeal (Division 3) affirmed a limited peremptory writ of mandate…
CEQA Developments
Redrawing CEQA’s “Parking” Lines? Second District Holds Parking Impacts of Covina Mixed-Use, Transit-Oriented Infill Project Are Statutorily Exempt From CEQA Review, Rejects Related Map Act Challenge
SB 743 was enacted in 2013 to further California’s efforts to reduce GHG emissions by encouraging transit-oriented, infill development – a strategy announced in SB 375, the “Sustainable Communities and…
CEQA Developments
Fourth District Upholds San Diego’s CEQA Class 3 Categorical Exemption Determination For Verizon’s Faux Tree Wireless Telecommunications Facility In Dedicated Public Park, Rejects City Charter Inconsistency Arguments
In a published opinion filed March 15, 2018, the Fourth District Court of Appeal (Division One) affirmed the trial court’s judgment denying a writ petition and complaint challenging the City…
CEQA Developments
Fifth District Holds CARB Violated CEQA And APA In Approving Modifications To Truck And Bus Regulation
In a published opinion filed January 31, 2018, the Fifth District Court of Appeal affirmed the trial Court’s judgment issuing a writ of mandate voiding the California State Air Resources Board’s…
CEQA Developments
Can You Clear Me Now? Sixth District Upholds Santa Cruz County’s CEQA Categorical Exemption For Project To Install Microcell Transmitters On Utility Poles In Rural Aptos Area
In an opinion filed February 5 and later ordered published on February 27, 2018, the Sixth District Court of Appeal affirmed a judgment denying Aptos Residents Association’s (“ARA”) writ petition…
CEQA Developments
CEQA Does Not Require City’s General Plan Update EIR to Address Urban Decay Based on Broker’s Speculative Opinion Concerning Effects of Commercial Tenant Square Footage Cap
In an opinion filed on January 4, and later certified for partial publication on January 30, 2018, the Fifth District Court of Appeal affirmed a trial court judgment rejecting appellant’s…