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CEQA
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CEQA Developments
Analysis Of GHGs Under CEQA Just Got More Complex: Fourth District’s Split Decision Invalidates Program EIR For SANDAG’s 2050 Regional Transportation Plan/Sustainable Communities Strategy
In a 2-1 published opinion filed November 24, 2014, the Fourth District Court of Appeal, Division 1, affirmed and modified the trial court’s judgment granting writ petitions by plaintiff groups challenging the…
CEQA Developments
The Limits of CEQA Mitigation – Recent Judicial Applications of Nollan and Dolan
Perhaps foremost among the judicially recognized fundamental constraints on lead agencies’ power to impose various types of mitigation measures on project approvals in the CEQA process is the “doctrine of…
Land Use Law Blog
Court Of Appeal Applies Traditional Deferential Standard Of Review To Questions Of General Plan And Consistency Determinations Including Requirements Enacted By The Local Voters
By William W. Abbott San Francisco Tomorrow v. City and County of San Francisco (2014) 229 Cal.App.4th 498 Are general plan policies adopted by the citizens through an initiative, entitled…
Administrative and Regulatory
Appellate Court Upholds EIR for Perris Dam Remediation Project in Riverside County
In Paulek v. California Department of Water Resources, 2014 Cal. App. LEXIS 999, the Court of Appeal for the Fourth District upheld the trial court’s denial of a writ of…
Environment, Land & Resources
Climate Action Plan for San Diego County Struck Down Under CEQA by Court of Appeal for Failure to Comply with Requirements for Plan Level Documents and Failure to Adequately Mitigate Associated GHG Impacts
By Chris Garrett, Daniel Brunton, Taiga Takahashi, Andrew Yancey, and Natalie Rogers On October 29, 2014, the Fourth District Court of Appeal of California upheld the Sierra Club’s challenges to…
CEQA Developments
Revised CEQA Chapter of Miller & Starr Treatise Is Published
I’m pleased to announce that Chapter 25A., “California Environmental Quality Act (CEQA),” of Miller & Starr, California Real Estate 3d (the “Book”), revised and updated as of October 2014 by…
Administrative and Regulatory
Appellate Court Affirms Discharge of Writ for Lancaster Development
In an unpublished decision in Quartz Hill Cares v. City of Lancaster, 2014 Cal. App. Unpub. LEXIS 7571, the Court of Appeal for the Second District upheld the trial court’s…
CEQA Developments
Fourth District Addresses CEQA Issues Concerning Standing, Mitigation,Baseline, Piecemealing, And Responses To Comments In Affirming Judgment Upholding Perris Dam Remediation Program EIR
In a published decision filed October 31, 2014 (Paulek v. California Department of Water Resources (4th Dist., Div. 2, 2014) 231 Cal.App.4th 35, Case No. E060038), the Fourth District Court of…
CEQA Developments
Supreme Court Finally Schedules Oral Argument In CEQA Categorical Exemption Case
At long last, the California Supreme Court has scheduled oral argument in the case of Berkeley Hillside Preservation, et al. v. City of Berkeley, Supreme Court Case No. S201116. By…
Administrative and Regulatory
Appellate Court Upholds Attorney Fees Award in CEQA Litigation Challenging State Water Board Adoption of Instream Flow Policy
In an unpublished opinion in Living Rivers Council v. State Water Resources Control Board, 2014 Cal. App. Unpub. LEXIS 7321, the California Court of Appeal for the First District affirmed…