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CEQA
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Land Use Law Blog
Automatic Deletion Of Agency Emails Conflicts With CEQA
By Abbott & Kindermann, Inc., William W. Abbott
Golden Door Properties, LLC v. Superior Court, 2020 Cal. App. LEXIS 710 In Golden Door Properties, LLC v. Superior Court, the Fourth Appellate District addressed several key issues involving the…
California Land Use & Development Law Report
Agencies Must Preserve Emails For CEQA Record of Proceedings
An agency’s duty to preserve documents for inclusion in the record of proceedings under CEQA prevails over a local agency’s document retention and destruction policies. Golden Door Properties v. Superior…
CEQA Developments
“For the Record”: Fourth District Holds CEQA’s “Mandatory” And “Broadly Inclusive” Administrative Record Statute Requires Lead Agency To Retain Documents Within Its Scope And Not Destroy Them Prior To Record Preparation
In a 77-page published opinion filed on July 30, 2020, the Fourth District Court of Appeal (Div. One) issued a writ of mandate largely overturning San Diego Superior Court rulings…
Environmental and Climate
Agency Email Correspondence Must be Retained Under CEQA, Appeals Court Holds
By Brenda C. Bass, Christian L. Marsh
In a ruling that should send shivers up the spine of any public agency in California needing to comply with the California Environmental Quality Act (“CEQA”), the Fourth District Court…
CEQA Developments
CEQA Meets RICO: Round Two
A little over a year ago, I posted about the filing of a federal RICO (the federal “Racketeer Influenced and Corrupt Organizations Act”; 18 U.S.C. § 1962 et seq.) lawsuit…
Land Use Law Blog
July Environmental Action News – Part 2
By Abbott & Kindermann, Inc., William W. Abbott, Diane G. Kindermann, Glen C. Hansen
By William W. Abbott, Diane Kindermann, Glen Hansen, and Daniel S. Cucchi Welcome to Abbott & Kindermann, Inc.’s July Environmental Action News – Part 2. This summary provides brief updates…
CEQA Developments
California Supreme Court CEQA Update: Summer 2020
With 2020 more than half gone, here’s a quick look at what’s been going on with the California Supreme Court in CEQA matters: POWER Case Argued and Submitted. We can…
Environment, Land & Resources
CEQA Case Report: 2019 Year in Review
Public agencies prevailed in 71% of CEQA cases analyzed. By James L. Arnone, Daniel P. Brunton, Marc T. Campopiano, Shivaun A. Cooney, Benjamin J. Hanelin, John C. Heintz, Maria Pilar…
Administrative and Regulatory
Sixth District Holds CEQA Does Not Require Supplemental Review for a Streambed Alteration Permit
By Christian L. Marsh, Breana M. Inoshita
The Sixth Appellate District, in Willow Glen Trestle Conservancy v. San Jose (2020) 49 Cal.App.5th 127, held that seeking a new Streambed Alteration Agreement (“SAA”) from the California Department of…
California Land Use & Development Law Report
Public Universities Must Comply With CEQA When Deciding to Increase Enrollment Beyond Levels Specified in Development Plan EIR
In Save Berkeley's Neighborhoods v. Regents of the University of California, 51 Cal.App.5th 226 (2020), the court of appeal rejected the University of California’s argument that it need not have…