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CEQA
1,311 published works
CEQA Developments
From Baird to Ballona Wetlands: CEQA’s Logical Limits
It’s a common error in logic to suppose that because two things are in spatial or temporal proximity, one must be the cause of the other – a confusion of…
CEQA Developments
CEQA Baselines: New Sunnyvale Case Sanctions EIR’s Use of Multiple Traffic Baselines
Last February, I co-authored a California Land Use Law & Policy Reporter lead article analyzing three significant 2010 decisions addressing the rules for setting the CEQA “baseline,” i.e., the starting…
Real Estate, Land Use & Environmental Law Blog
Court Upholds Medical Campus Expansion, Provides Guidance on Using Future Traffic Projections to Analyze Traffic Impacts
Pfeiffer v. City of Sunnyvale, No. H036310 (Cal. Ct. App. 6th Dist; October 28, 2011) By Maria Pracher and Alex Merritt The 6th District Court of Appeal recently denied a…
CEQA Developments
Governor’s Veto Said CEQA Is Enough, No Need For Law Requiring “Economic Impact Report” For Superstores
Like the Sherlock Holmes story featuring the “dog that didn’t bark,” sometimes proposed legislation that doesn’t pass can nonetheless provide fundamental insights. A case in point: Senate Bill 469 (Vargas),…
Real Lawyers Have Blogs
Best in Law Blogs : The LexBlog Network : November 15, 2011
With 152 posts moving across the LexBlog Network, Tuesday brings us more analysis on the past week's top two stories: Jerry Sandusky and Health Care Reform heading to the Supreme Court.…
CEQA Developments
“Deferral” Under CEQA: It’s Complicated!
CEQA calls for environmental review of discretionary projects at the earliest meaningful stage, to serve its purposes of public participation and informed decision-making. The basic idea is simple: analyze and…
CEQA Developments
Supreme Court Reaffirms Corporate CEQA Standing
Can a corporation challenge a business competitor’s or other entity’s project under CEQA when its real interests are commercial rather than environmental? In its recent decision upholding the City of…
Aviation & Airport
CEQA and the Law of Unintended Consequences
By Barbara E. Lichman, Ph.D., J.D.
On September 27, 2011, Governor Jerry Brown signed into law Senate Bill 292 and Assembly Bill 900, both of which are aimed at expediting, or “fast-tracking,” the litigation of lawsuits…
CEQA Developments
CEQA Mitigation On Conservation Easement Lands: How a Plea to Legislators Killed a Threat to Farmers’ Property Rights (For Now)
Shortly before the close of the last legislative session, I found myself writing a strongly-worded letter (on behalf of myself and interested clients of Miller Starr Regalia) to Governor Brown,…
Land Use Law Blog
Code of Civil Procedure §1021.5 Authorizes a Prevailing Party to Recover Its Attorney Fees for Administrative Time As Well As in Litigation
In a CCP section 1021.5 fee award, the trial court has the discretion to award fees for the time spent in administrative proceedings.