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CEQA
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CEQA Developments
CEQA Categorical Exemption Case Opinion Ordered Slightly Modified By Supreme Court; Berkeley Hillside Preservation Judgment Is Unaffected
On May 27, 2015, the California Supreme Court filed a 4-page order modifying portions of the majority and concurring opinions previously filed March 2, 2015, in Berkeley Hillside Preservation v.…
CEQA Developments
Fourth District Holds CEQA Does Not Require City To Predict ESHA Determinations In Approving Project Over Which Coastal Commission Retains Permitting Jurisdiction, And Applies Deferential Standard In Reversing Trial Court’s General Plan Inconsistency Finding
In a published opinion filed May 20, 2015, the Fourth District Court of Appeal reversed the trial court’s judgment granting mandate relief based on a general plan violation, affirmed its…
Administrative and Regulatory
Court Defers to the City of Newport Beach’s Interpretation of its General Plan
In Banning Ranch Conservancy v. City of Newport Beach 2015 Cal. App. LEXIS 436, the Fourth District Court of Appeal upheld an approval by the City of Newport Beach (City)…
California Land Use & Development Law Report
Court Rejects Another Attempt to Stop New Kings Arena
Opponents of the Sacramento Arena project took another shot at halting the new Kings arena project, challenging the city’s certification of the project EIR on a variety of grounds. But…
Land Use Law Blog
“Happily ever after?” Not according to the neighbors of rural wedding site venue.
NEGATIVE DECLARATION FOR RURAL WEDDING SITE VENUE SET ASIDE DUE TO POTENTIAL ROAD AND NOISE IMPACTS By William W. Abbott Keep Our Mountains Quiet v. County of Santa Clara (May…
California Land Use & Development Law Report
California Department of Fish and Wildlife’s EIR for Fish-Stocking and Hatchery Program Upheld
By Julie Jones
A court of appeal has held that the first-ever environmental impact report for the state’s fish hatchery and stocking programs complies with CEQA, but also found that three of the…
Administrative and Regulatory
City of San Diego v. Trustees of the California State University, S199557. (D057446; 201 Cal.App.4th 1134; San Diego County Superior Court; GIC855643, GIC855701, 37-2007-00083692-CU-WM-CTL, 37-2007-00083773-CU-MC-CTL, 37-2007-00083768-CU-TT-CTL.)
This post is part of a series highlighting the CEQA cases currently pending before the California Supreme Court. Petition for Review Granted April 18, 2012 Current Status Fully briefed by…
CEQA Developments
Sixth District Applies CEQA’s “Fair Argument” Standard, Holds That Despite Project’s Compliance With Local Noise Ordinance, EIR Rather Than Mitigated Negative Declaration Is Required Based On Factual, Non-Expert Evidence Of Noise And Traffic Safety Impacts
On May 7, 2015, the Sixth District Court of Appeal filed a published opinion addressing numerous issues of interest under CEQA’s “fair argument” test for preparing an Environmental Impact Report…
California Land Use & Development Law Report
Appellate Court Reaffirms Broad Discretion of Trial Courts to Determine Appropriate Attorneys’ Fees
By Perkins Coie
The Fourth Appellate District upheld the trial court’s award of less than 10% of the fees requested by the prevailing petitioner in a CEQA case, finding no abuse of the…
Real Estate, Land Use & Environmental Law Blog
Abuse of Discretion Not Shown By Court’s Failure To “Show Its Arithmetic” in Significantly Reducing Claimed Attorney Fees in CEQA Litigation
By Tetlo Emmen, Whitney Hodges
In Save Our Uniquely Rural Community Environment v. County of San Bernardino, __ Cal.App.4th ___, 2015 WL 1259781 (4th Dist., Div. 2, 2015) (SOURCE) , the Fourth District Court of…