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CEQA
1,311 published works
Land Use Law Blog
Too early or too late for CEQA review: Two appellate decisions bracket the fundamental question of timing
By William W. Abbott For many discretionary actions, lead agencies struggle with the question of CEQA timing. While many court decisions have criticized cities and counties with delaying the CEQA…
Real Estate, Land Use & Environmental Law Blog
Transfer Of Park & Recreation District Land To Third Party Was Not A Project Requiring Prior CEQA Review Where The Lack Of Any Development Plan Made Environmental Review Premature
Friends Of The Sierra Railroad v. Tuolumne Park and Recreation District (filed January 12, 2007; certified for publication February 8, 2007, F050117) __ Cal.App.4th__ By Lori Wider Introduction In this…
Real Estate, Land Use & Environmental Law Blog
No Cause Of Action Under CEQA To Challenge County CEQA Determination Where Determination Superseded By Coastal Commission De Novo Review On Appeal
McAllister v.County of Monterey et al. (January 31, 2007, H028813) __ Cal.App.4th__ By Lori Wider Introduction This case involved a challenge by the plaintiff McAllister to approval of a coastal…
Real Estate, Land Use & Environmental Law Blog
District Approval Of Agreement For Purchase And Sale Of Water Expressly Conditioned On Future CEQA Compliance Does Not Require Prior CEQA Review
Concerned McCloud Citizens v. McCloud Community Services District et al. (Filed January 2, 2007; certified for publication January 31, 2007, C050811) __ Cal.App.4th__ By Lori Wider Introduction and Background The…
Land Use Law Blog
Recent Case Examines Cost Recovery for Record Preparation Under CEQA
By Kate J. Hart California's Fifth Appellate District recently decided the case of Wagner Farms, Inc. v. Modesto Irrigation District (December 6, 2006) 2006 Cal.App.Lexis 1923, which involves the awarding…
Real Estate, Land Use & Environmental Law Blog
CEQA Violated Where City Determined No Additional Environmental Review Required For Wal-Mart Supercenter
American Canyon Community United for Responsible Growth v. City of American Canyon et al. (November 17, 2006; certified for partial publication December 18, 2006, A111278) __ Cal.App.4th__ http://www.courtinfo.ca.gov/opinions By Lori…
Land Use Law Blog
Second Appellate District Modifies Opinion Regarding CEQA Analysis for NPDES Permits
By Janell M. Bogue In a victory for the Regional Water Quality Control Boards and State Water Resources Control Board, the Second Appellate District revised its opinion in County of…
Land Use Law Blog
Pedigrees Are Not Just For Dogs: CEQA Documents Deserve Them As Well
By William W. Abbott As noted in our recent article "The Importance of the Mundane: CEQA's Small Details are Important as Well", the Sixth Appellate District discussed how the lead…
Land Use Law Blog
The Importance of the Mundane in CEQA Litigation: It’s All in the Details
By William W. Abbott There is no middle of the road for Wal-Mart Stores. People are passionate on both sides, which includes the lawyers and consultants caught in the debate…
Land Use Law Blog
Mitigation Infeasibility: New Thinking on an Old Issue
By William W. Abbott Unlike other areas of CEQA practice, there has been less frequent and less critical analysis of what constitutes a valid finding of infeasibility. The recent decision…