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CEQA
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CEQA Developments
Supreme Court Adds Another CEQA Case To Its Docket, Will Review Fifth District’s Sierra Club v. County of Fresno (“Friant Ranch”) Decision
On October 1, 2014, the California Supreme Court granted the Real Party in Interest developer’s petition for review in Sierra Club v. County of Fresno (5th Dist. 2014) 226 Cal.App.4th…
California Land Use & Development Law Report
Court Reaffirms City’s Discretion to Identify Local Historic Resources
In Citizens for Restoration of L Street v. City of Fresno, an appellate court affirmed that the substantial evidence test, not the fair argument test, governs an agency’s determination whether…
Administrative and Regulatory
Costs for Preparing Administrative Record May Include Attorney and Paralegal Labor
In a partially published opinion in Otay Ranch, L.P. v. County of San Diego, 2014 Cal. App. LEXIS 875, the California Court of Appeal for the Fourth District affirmed the…
Environmental and Climate
Appellate Court Finds Governor is Not a Public Agency Under CEQA
In Picayune Rancheria of Chukchansi Indians v. Brown, 2014 Cal. App. LEXIS 864, the California Court of Appeal for the Third District rejected a petition for a writ of mandate…
Environmental and Climate
Federal Law Preempts CEQA Review of Northern California Rail Line Operations
In Friends of Eel River v. North Coast Railroad Authority, 2014 Cal. App. LEXIS 877, the California Court of Appeal for the First District affirmed the trial court’s determination that…
Land Use Law Blog
When It Comes To CEQA, It’s Good To Be The King er, I Mean The Governor
By William W. Abbott Picayune Rancheria v. Brown (September 24, 2014, C074506) ___ Cal.App.4th ___. Practitioners are familiar with the incredible breadth in the applicability of CEQA to numerous governmental…
Land Use Law Blog
2014 CEQA 3rd QUARTER REVIEW
By William W. Abbott, Diane Kindermann, Katherine J. Hart, Glen Hansen and Brian Russell Welcome to Abbott & Kindermann’s 2014 3rd Quarter CEQA update, cumulative for the year. The newer…
Real Estate, Land Use & Environmental Law Blog
UPDATE: Comment Period for OPR Rethink of CEQA Guidelines on Transportation Impacts Extended Until November 21, 2014
By Alfred Fraijo Jr., Tetlo Emmen
The Governor’s Office of Planning and Research (OPR) has extended the comment period for its draft of changes to the way that transportation impacts are analyzed under the California Environmental…
Real Estate, Land Use & Environmental Law Blog
Tribe’s Gamble That Casino Land Transfer Approval Not Subject to CEQA Pays Off
By John Ponder, Whitney Hodges
Picayune Rancheria of Chukchansi Indians v. Brown, C074506 (9/24/2014) In a recent Third District Court of Appeal published opinion, the court in Picayune Rancheria of Chukchansi Indians v. Edmund G.…
Land Use Law Blog
Permissible CEQA Mitigation Includes Reliance Independent Agency Regulatory Review
By William W. Abbott A continuing reoccurring question for CEQA practitioners is: when is it appropriate to rely upon the regulatory scheme and permitting steps of independent regulatory agencies? The…