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CEQA Developments
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CEQA Developments
Miller Starr Regalia Attorneys to Speak On CEQA Panel; Marv Starr and Ed Regalia To Be Honored At State Bar Real Property Law Section Retreat In May
The State Bar is holding its 35th Annual Real Property Law Section Retreat on May 20-22, 2016, at the Hyatt Regency Monterey Hotel & Spa, and registration is now open on…
CEQA Developments
Fourth District Holds CEQA’s Definition of “Project” Does Not Encompass Municipal Ordinance Merely Restating Existing Prohibition of Mobile Marijuana Dispensaries
In a published opinion filed March 25, 2016, the Fourth District Court of Appeal affirmed the trial court’s judgment denying a writ petition that challenged a 2013 ordinance of the…
CEQA Developments
Horse Of A Different Color: CEQA Does Not Require EIR Due To Psychological And Social Impacts From Closure Of Beloved Equestrian Boarding Facility In Small “Country” City
In a March 4, 2016 published opinion, the Fourth District Court of Appeal reversed the trial court’s judgment requiring an EIR for a small 12-home rural subdivision project based on…
CEQA Developments
Justice Scalia’s Enduring CEQA and Land Use Law Legacy
With the February 13 passing of U.S. Supreme Court Associate Justice Antonin Scalia, American jurisprudence lost an intellectual giant. But Justice Scalia will not be forgotten; the legacy of his…
CEQA Developments
Motion to Amend CEQA Action Judgments to Make Additional Judgment Debtor Liable For Million Dollar Fee Award Not Barred By Plaintiffs’ Unreasonable Four-Year Delay Or Laches Absent New Party’s Showing Of Prejudice, Holds Fourth District
In a published opinion filed January 26, 2016, the Court of Appeal for the Fourth Appellate District (Division 2) reversed a trial court’s order denying CEQA plaintiffs’ motion to amend judgments entered…
CEQA Developments
OPR Releases Revised Proposed CEQA Guidelines Amendment To Implement SB 743 Traffic Analysis Mandates
The evolution of CEQA traffic impacts analysis from level of service (LOS) methodology to a vehicle miles traveled (VMT) analysis continues apace. The latest step in this revolutionary paradigm shift…
CEQA Developments
When CEQA Violations Are An Afterthought: Fourth District Upholds Trial Court’s Independent Judgment Determination That City Of Anaheim Is Equitably Estopped To Unilaterally Modify Resort Hotel CUP Conditions
CEQA and land use law in California go together like a hand in a glove. Due to CEQA’s broad scope and exacting substantive and procedural requirements, it is relatively easy…
CEQA Developments
CDFA Program EIR Violates CEQA By Failing To Analyze Invasive Moth Control Program As Alternative To Eradication, Holds Third District
In a lengthy opinion filed December 2, 2015, and belatedly ordered published on January 4, 2016, the Third District Court of Appeal invalidated the California Department of Food and Agriculture’s…
CEQA Developments
Supreme Engagement: CEQA’s Continuing Saga In California’s High Court
A new year often brings fresh perspective. With 2016 still in its infancy, it is natural to reflect back on what has been and also to contemplate what is yet…
CEQA Developments
California Supreme Court Holds “CEQA-In-Reverse” Is Not The Norm, Reverses And Remands First District’s Judgment In CBIA v. BAAQMD
In a unanimous 24-page opinion authored by newly seated Justice Cuellar and filed December 17, 2015, the California Supreme Court resolved a fundamental issue regarding CEQA’s scope, holding that –…