Arthur F. Coon

Arthur F. Coon

Miller Starr Regalia

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Eight Is Not Enough: CEQA Challenge To Eighth Addendum To San Jose International Airport Master Plan EIR Is Rejected By Sixth...

In a decision filed June 6, but not certified for publication until July 2, 2014, the Sixth District Court of Appeal affirmed the trial court’s judgment upholding the City of San Jose’s eighth addendum to its Airport Master...more

7/16/2014 - Air Cargo Appeals Aviation Industry CEQA Environmental Impact Report Excessive Noise Greenhouse Gas Emissions Master Plan San Jose International Airport

Whatever the EIR’s Name, CEQA’s Rules For Substantive Content and Subsequent Review Remain The Same: First District Upholds EIR...

On July 7, 2014, the First District Court of Appeal filed its published opinion affirming the trial court’s judgment upholding the EIR for the Treasure Island/Yerba Buena Island Project. Citizens for a Sustainable Treasure...more

7/15/2014 - CEQA Environmental Impact Report Environmental Policies Urban Planning & Development

Fifth District Upholds CEQA Exemptions For Ongoing Pre-CEQA Projects And Continued Operation of Existing Facilities To Reject...

In a July 3, 2014 published decision more notable for the practical importance of the water rights involved than the CEQA law applied, the Fifth District Court of Appeal rejected the CEQA challenges of various environmental...more

7/14/2014 - Bureau of Reclamation CEQA Environmental Impact Report Environmental Policies Inland Waterways State Water Project Utilities Sector Water Water Rights Water Supplies

Supreme Court’s CEQA Docket Expands With Grant of Review in Newhall Ranch Case

On July 9, 2014, the California Supreme Court granted the petition for review filed by Plaintiff/Respondent Center for Biological Diversity (CBD) in Center for Biological Diversity, et al. v. Department of Fish and Game...more

7/11/2014 - CEQA Endangered Species Endangered Species Act Environmental Liability Environmental Policies

First District Holds CEQA Statute Of Limitations Bars Citizens Group’s Challenge To College Of San Mateo Tree Cutting

In a published opinion, the First District Court of Appeal reversed the trial court’s judgment granting a writ and held that a CEQA action filed by a citizens group against a community college district and its board of...more

6/24/2014 - Appeals CEQA Statute of Limitations

Fifth District Decides Significant CEQA Air Quality/Health Impact Analysis and Mitigation Issues In Sierra Club v. County of...

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 other approvals (including a General Plan...more

6/17/2014 - Air Quality Standards Appeals CEQA Environmental Impact Report Mitigation Sierra Club Sierra Club v County of Fresno

San Francisco Beautiful CEQA Decision Interpreting Class 3 Categorical Exemption For Installation of Small Structures Is Ordered...

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, Verizon, Remy Moose Manley and others to publish...more

6/3/2014 - AT&T CEQA Environmental Policies Exemptions

CEQA “Late Hit” Reform Bill (SB 1451) Is Withdrawn By Author

Earlier this month, I posted an entry regarding the latest legislative effort at meaningful CEQA reform. See New CEQA Reform Bill (SB 1451) Proposes Positive Changes That Would Reduce “Late Hit” Document Dumps and Extend...more

5/28/2014 - CEQA CEQA Reform Environmental Policies

Spring 2014 CEQA Roundup

It’s that time of year again – business mixers, the Giants in first place in the NL west, the school year winding down, the NBA and NHL playoffs in full swing, coastal whale migrations, California bursting with beautiful...more

5/13/2014 - CEQA Environmental Policies Environmental Review

New CEQA Standing Reform Bill (SB 1451) Proposes Positive Changes That Would Reduce “Late Hit” Document Dumps And Extend...

A CEQA reform bill (SB 1451) introduced and authored by seven (7) Democrats (Senators Correa, Galgiani, Hill, Hueso, Roth, and Steinberg, and Assembly Member Mullin) would amend Public Resources Code § 21177 to heighten...more

5/2/2014 - CEQA Environmental Assessments Environmental Impact Report Environmental Policies

Miller Starr Regalia Files Neutral “CEQA-in-Reverse” Case Amici Brief in California Supreme Court on Behalf of League of...

On April 16, 2014, Miller Starr Regalia filed in the California Supreme Court a “neutral” amici brief – one in support of neither party – addressing the important “CEQA-in-reverse” issue presented in California Building...more

4/23/2014 - Bay Area Air Quality Management District CEQA Miller Starr Regalia

Some CEQA Reminders From The Third District: Urban Decay Requires Actual Mitigation When Identified By EIR As A Significant...

In a lengthy opinion filed February 28, 2014, and ordered partially published on April 1, 2014, the Third District Court of Appeal reversed the Yolo County Superior Court’s judgment denying a CEQA writ petition challenging...more

4/15/2014 - CEQA Clean Energy Energy Environmental Impact Report Mitigation Permits Real Estate Development Urban Planning & Development

Third District Construes CEQA Guidelines’ Class 23 Categorical Exemption And “Unusual Circumstances” Exception In Rejecting...

In an exceptionally thorough and well-reasoned opinion, the Third District Court of Appeal affirmed the trial court’s judgment denying a writ petition challenging respondent 14th District Agricultural Association’s (District)...more

4/8/2014 - CEQA class

Second District Addresses Interesting CEQA and CESA Species Mitigation Issues in Lengthy Partially Published Opinion Upholding...

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 – as against state law challenges brought by a...more

4/7/2014 - Carbon Emissions CEQA Environmental Impact Report Environmental Policies Fish and Wildlife Service Greenhouse Gas Emissions US Army Corps of Engineers

CEQA’s Standards For Subsequent Review To Be Addressed By Supreme Court

In a rare grant of review of an unpublished case, the California Supreme Court granted review on January 15, 2014 of the decision in Friends of the College at San Mateo Gardens v. San Mateo County Community College District...more

3/26/2014 - CEQA Environmental Policies Environmental Review

Overreaching to Apply CEQA; Second District Strikes Down LA’s Attempted Mid-Game Rule Change in Tower Lane Properties

Sometimes in the land use world, municipal planners and other regulators need to be reminded of the simple things. For example, a fundamental precept of due process is that the rules cannot be changed in the middle of the...more

3/17/2014 - Building Permits CEQA Environmental Policies

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; and (2) the...more

3/5/2014 - CEQA CEQA Reform Environmental Policies SCOTUS

CEQA Requires CalTrans’ EIR to Separately Analyze Significance of Highway Project’s Impacts on Protected Old Growth Redwoods’ Root...

In a partially-published opinion filed January 30, 2014, the First District Court of Appeal, Division 3, reversed the trial court’s judgment denying a writ petition, and held that Caltrans must correct certain deficiencies in...more

2/17/2014 - Caltrans CEQA Department of Transportation Environmental Impact Report Highways Infrastructure Roads

OPR Mulls Changes in CEQA Traffic Metrics

As previously discussed in this blog, last year’s passage of SB 743 added a requirement in Public Resources Code § 21099(b) that the Governor’s Office of Planning and Research (OPR) develop new CEQA guidelines “for...more

2/14/2014

CEQA Action Seeking to Avoid LAFCO Annexation and SOI Change Approvals is Dismissed for Failure to Comply with Procedural...

The lessons taught by the Fifth District Court of Appeal in its recently-published decision in Protect Agricultural Land v. Stanislaus County Local Agency Formation Commission (City of Ceres, RPI), ___ Cal.App.4th ___, 2014...more

2/13/2014 - CEQA Compliance Environmental Impact Report Land Developers Land Use Courts Municipalities Urban Planning & Development Validity

OPR To Review Specific CEQA Guidelines Topics Proposed For 2014 Update, Solicits Public Input

The Governor’s Office of Planning and Research (OPR) will undertake a comprehensive review of the CEQA Guidelines (14 Cal.Code Regs., §15000 et seq) this year and is currently soliciting public input – to be provided not...more

1/30/2014 - CEQA Environmental Policies

CEQA-In-Reverse Case Opening Brief Filed In California Supreme Court

The California Building Industry Association (CBIA) laid out its case that CEQA contains no general directive requiring analysis of the existing environment’s impacts on a future project in a 50-page opening brief filed in...more

1/16/2014 - Air Pollution Building Standards CEQA Contamination Environmental Policies Hazardous Substances

“Bag It!” – Third Published CEQA “Bag Ban” Decision Upholds San Francisco’s Ordinance as Categorically Exempt While Slamming...

Plaintiff Save the Plastic Bag Coalition (Coalition) lost a third consecutive published appellate decision in its litigation campaign to require EIRs for virtually all local ordinances that ban or restrict the use of...more

1/13/2014 - CEQA Environmental Impact Report Municipalities Plastic Bag Bans Retailers

2014 Land Use Program - Northern California

In this presentation: - Legislative CEQA Reform Efforts - Selected CEQA Case Law Developments - Land Use Developments - What’s Happening in Tracy? - Overview and Purpose - Site...more

1/10/2014 - Business Development CEQA CEQA Reform Economic Development Environmental Policies Koontz v St John's River Water Management Public Projects Railways SCOTUS Smart Rail

First District “Doubts” CEQA Operates In Reverse, Upholds Mitigated Negative Declaration For Urban Infill Project Despite Soil and...

In an opinion recently ordered published, the First District Court of Appeal extensively reviewed the relevant case law and expressed skepticism that CEQA would operate in reverse to require analysis of potential impacts on a...more

1/6/2014 - CEQA Contaminated Properties Contamination Environmental Claims Environmental Policies Mitigated Negative Declaration Urban Planning & Development

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