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CEQA
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CEQA Developments
Fifth District Reaffirms Its CEQA Historicity Rules in Citizens for the Restoration of L Street v. City of Fresno
In a published opinion filed August 29, 2014, the Fifth District Court of Appeal affirmed a judgment granting a writ of mandate and finding that the City of Fresno erred…
Real Estate & Construction
Ninth Circuit Makes Key Permit Streamlining Act Ruling for Conditional Use Permit Applicants
In American Tower Corporation v. City of San Diego, 2014 U.S. App. LEXIS 15641, the Ninth Circuit Court of Appeals upheld the City of San Diego’s (City) denial of three…
Stoel Rives Environmental Law
Is It Historical Under CEQA? Court Confirms Substantial Evidence Remains the Standard
Citizens for the Restoration of L Street v. City of Fresno, et al., No. F066498,(Cal. Ct. App. 5th Dist., August 28, 2014) In a two-part opinion, the Fifth District Court…
Land Use Law Blog
Third District Court of Appeal Upholds Level Of Detail In Programmatic EIR for Rail Corridor
By William W. Abbott Town of Atherton v. California High-Speed Rail Authority (2014) 228 Cal.App.4th 314. Programmatic EIRs invariably invoke the uneasy question, of “how much information is enough?” This…
CEQA Developments
Parkmerced Project Upheld Against CEQA and General Plan Inconsistency Challenges In San Francisco Tomorrow v. City and County of San Francisco
In a lengthy, mostly-unpublished opinion filed on August 14, 2014, the First District Court of Appeal affirmed the superior court’s judgment denying a writ petition challenging the Parkmerced Development Project.…
CEQA Developments
Governor’s Passion For Legislative CEQA Reform Has Waned, Contra Costa Times Reports After Mercury News Interview
On August 15, 2014, the Contra Costa Times reported on a wide-ranging interview of California Governor Jerry Brown conducted by the Mercury News opinion and editorial board on that same…
Environmental and Climate
OPR Releases a Preliminary Draft of Changes to the CEQA Guidelines Related to SB 743
On August 6, 2014, the Governor’s Office of Planning and Research (“OPR”) released a Notice of Availability of a Preliminary Discussion Draft of Changes to the California Environmental Quality Act…
Land Use Law Blog
One Hundred Years Later Hiram Johnson Dances on His Grave: California Supreme Court Upholds Initiative Rights Against CEQA Based Challenge
By William W. Abbott First, a micro history lesson. Hiram Johnson served as California’s governor from 1911 to 1917. For purposes of this blog, one of Hiram’s important contributions was…
Real Estate, Land Use & Environmental Law Blog
No CEQA Review Required For Initiative Measures, Whether Adopted By City Council Or Voters
Tuolumne Jobs & Small Business Alliance v. Wal-Mart Stores, Inc., et al. (8/7/14, S207173) The Supreme Court of California has held that CEQA review was not required before the Sonora City…
CEQA Developments
California Supreme Court Holds CEQA Inapplicable To City’s Adoption Of Qualified Voter Initiative Approving Wal-Mart “Supercenter” Project
In a concise 15-page opinion filed August 7, 2014, the California Supreme Court reversed the Fifth District Court of Appeal’s judgment which had held that a city may not adopt…