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CEQA
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CEQA Developments
Second District Addresses Interesting CEQA and CESA Species Mitigation Issues in Lengthy Partially Published Opinion Upholding Resource Management and Conservation Approvals for Newhall Ranch Project, but “Hides its Work” on Significant Greenhouse Gas Issues in Unpublished Portion
In a lengthy, mostly published opinion filed on March 20, 2014, the Second District Court of Appeal reversed the trial court’s judgment granting a writ of mandate, and upheld –…
Land Use Law Blog
2014 CEQA 1st QUARTER REVIEW
By William Abbott, Diane Kindermann, Katherine Hart, Glen Hansen, and Brian Russell Welcome to Abbott & Kindermann’s 2014 1st Quarter CEQA update. It has been a quiet first quarter. One…
Land Use Law Blog
Appellate Court Shuts Out Trial Court in CEQA/ESA Double Header under Deferential Standard of Review
By Diane G. Kindermann In a lengthy and unanimous reversal of the trial court on ESA and CEQA issues in Center for Biological Diversity v. California Department of Fish and…
Environmental and Climate
Appellate Court Upholds CEQA Exemption for Rodeo at Santa Cruz County Fairground
In Citizens for Environmental Responsibility v. State ex rel. 14th District Agricultural Association, 2014 Cal. App. LEXIS 283, the Court of Appeal, Third District, affirmed the trial court’s determination that…
Aviation & Airport
Appellate Court Grants Wide Discretion to Newhall Land and Farming Project Proponents in the Determination of the Significance of Greenhouse Gas Emissions Under CEQA
By Barbara E. Lichman, Ph.D., J.D.
The California Court of Appeal last week reversed a lower court decision that would have indefinitely delayed the development by Newhall Land and Farming Company of 21,308 residential units, 629…
Real Estate, Land Use & Environmental Law Blog
CEQA Requires Separate Evaluation Of Mitigation Measures And Alternatives Even Where Mitigation Measures Are Incorporated Into Project Design
In Trisha Lee Lotus et al. v Department of Transportation et al. (1st Dist., Div. 4, 1/30/14 A137315) ___ Cal.App.___ ____, 2014, the court of appeal upheld a claim by…
Environment, Land & Resources
Court of Appeal Confirms AB 32 Target Is Proper CEQA Significance Threshold
By Joshua T. Bledsoe and Christopher W. Garrett The strongly worded opinion in Center for Biological Diversity v. California Department of Fish and Wildlife (Case Number B245131)(CBD v. CDFW) by the…
Environmental and Climate
COURT FINDS PROGRAMMATIC EIR FOR RETAIL DEVELOPMENT INCLUDED INADQUATE ANALYSIS OF URBAN DECAY AND ENERGY IMPACTS
In an unpublished opinion, California Clean Energy Committee v. City of Woodland, 2014 Cal. App. Unpub. LEXIS 1481, the Third District Court of Appeal reversed the trial court’s denial of…
Land Use Law Blog
2nd Annual Class – Proactive Land Use Entitlement Strategies For Raw Land And Updates To Existing Entitlements
Join William Abbott and Kate Hart of Abbott & Kindermann, LLP in a new class which ties together best practices for land development projects. This is an advanced class aimed…
CEQA Developments
Supreme Court is Primary CEQA Reform Engine
Followers of CEQA reform efforts over the past several years will have observed two general trends: (1) Legislative reform has proven difficult, incremental, and marked by political division and dealmaking;…