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CEQA
1,312 published works
Stoel Rives Environmental Law
What’s a ROG and Can It Hurt Me? EIR Overturned For Failure to Explain Air Quality Impacts to Human Health
In Sierra Club v. County of Fresno (Cal. Ct. App. 5th Dist. May 27, 2014), the Fifth Appellate District found fault with the County of Fresno’s (County) review of the…
Environmental and Climate
The Writing on the Wall – Court Denies Writ of Mandate Challenging Library Project
In the unpublished case Friends of Appleton-Wolfard Libraries v. City and County of San Francisco, (2014) Cal. App. Unpub. LEXIS 3384, the Court of Appeal for the First District upheld…
CEQA Developments
Fifth District Decides Significant CEQA Air Quality/Health Impact Analysis and Mitigation Issues In Sierra Club v. County of Fresno
In a lengthy and scholastic published opinion filed May 27, 2014, the Fifth District Court of Appeal reversed and remanded the trial court’s decision, which had upheld the EIR and…
Real Estate, Land Use & Environmental Law Blog
CEQA Class 3 Categorical Exemptions Permitted for AT&T Installations
San Francisco Beautiful v. City & County of San Francisco (1st. Dist., Div. 4, 5/30/2014) The First District Court of Appeal held that AT&T’s proposed installation of new utility cabinets in…
Real Estate & Construction
Appellate Court Upholds County’s Authority to Require Deposit for Costs of Certifying Administrative Record After the Petitioner Elects to Prepare the Administrative Record
In an unpublished decision in Mt. Shasta Tomorrow v. County of Siskiyou 2014 Cal. App. Unpub. LEXIS 3445, the Third Appellate District upheld a trial court’s decision affirming Siskiyou County’s…
Stoel Rives Environmental Law
Financial Infeasibility of CEQA Alternatives Determined By Reasonably Prudent Person
In SPRAWLDEF et al. v. San Franscisco Bay Conservation and Development Commission, et al. (“SPRAWLDEF”)(certified for publication 5/28/2014), the First Appellate District reversed the trial court’s decision and held the…
Real Estate & Construction
You Can’t Abate if You Don’t Correlate: Appellate Court Finds EIR for Proposed Master-Planned Senior-Living Community Included Inadequate Analysis of Air Quality Impacts and Mitigation Measures
In Sierra Club v. County of Fresno, 2014 Cal. App. LEXIS 459, the Court of Appeal for the Fifth Appellate District reversed and remanded the lower court’s denial of a…
CEQA Developments
San Francisco Beautiful CEQA Decision Interpreting Class 3 Categorical Exemption For Installation of Small Structures Is Ordered Published By First District
On May 30, 2014, the Court of Appeal for the First Appellate District (Division 4) filed its order denying rehearing and granting the requests of real party in interest AT&T,…
Real Estate, Land Use & Environmental Law Blog
Developer-Prepared Cost Comparisons Can Show Economic Infeasibility Under CEQA
SPRAWLDEF et al. v. San Francisco Bay Conservation and Development Commission et al., (Waste Connections, Inc.) (1st Dist., Div. 1, 05/28/2014, A137619) In a precedent-setting decision, the First District Court of…
California Land Use & Development Law Report
Categorical Exemptions Under CEQA — The Latest on the Unusual Circumstances Exception
Finally, a CEQA case about rodeos. In a recent case decided by the Third District Court of Appeal the court upheld the use of a CEQA exemption for a proposed…