Arthur F. Coon

Arthur F. Coon

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CEQA Review of Sacramento Kings Downtown Arena Project Held Legally Adequate In Published Third District Opinion

In a published opinion filed February 18, 2015, the Third District Court of Appeal rejected all legal challenges to the City of Sacramento’s EIR and CEQA compliance for approval of its new downtown entertainment and sports...more

3/13/2015 - Appeals CEQA Construction Project Environmental Impact Report Sacramento Kings Sports

Supreme Court Will Review CEQA Decision Invalidating SANDAG’s 2050 RTP

On March 11, 2015, the California Supreme Court granted the San Diego Association of Governments’ (SANDAG) petition for review of the Fourth District Court of Appeal’s decision in Cleveland National Forest Foundation v. San...more

3/13/2015 - Appeals CA Supreme Court CEQA Petitions for Review San Diego San Diego Assoc of Governments (SANDAG) Urban Planning & Development

Work Done Under Unchallenged CEQA Emergency Exemption Held Part Of Existing Environment Baseline In Subsequent CEQA Challenge To...

In a decision filed January 29, and belatedly ordered published on February 18, 2015, the Fourth District Court of Appeal rejected numerous CEQA (and other) challenges to the City of San Diego’s regular, after-the-fact...more

3/13/2015 - Categorical Exemptions CEQA Coastal Real Estate Construction Permits Public Projects Real Estate Development San Diego

California Supreme Court Construes CEQA’s “Unusual Circumstances” Exception to Categorical Exemptions in Berkeley Hillside...

In a 46-page majority opinion written by Justice Chin and joined by four other justices, punctuated by an 18-page concurring opinion (by Justice Liu, joined by Justice Werdegar) which reads like a dissent, the California...more

3/11/2015 - Berkeley Hillside v City of Berkeley CA Supreme Court Categorical Exemptions CEQA Environmental Impact Report Substantial Evidence Standard

Third District Rejects CEQA Challenge To Program EIR For California Department of Fish and Wildlife’s Statewide Fish...

In a lengthy published decision filed February 10, 2015, and addressing consolidated appeals in three related actions, the Third District Court of Appeal affirmed the trial court’s judgment rejecting petitioner and appellant...more

2/20/2015 - Appeals Case Consolidation CEQA Department of Fish and Wildlife Environmental Assessments Environmental Impact Report

CEQA Roundup – Recent Developments

Numerous CEQA-related developments have recently been in the news. Some of possible interest include: Kings and Kern Counties, the Kings County Farm Bureau, and a number of other groups filed a petition on February 9 with the...more

2/20/2015 - Agriculture Appeals CEQA Environmental Impact Report High-Speed Rail Oil & Gas Preemption Railways Surface Transportation Board

How CEQA’s Administrative Record Preparation Process Could Be Reformed By Eliminating CEQA Petitioners’ Statutory Option To...

I recently analyzed proposed legislation (SB 122) seeking to create an alternative procedure for preparation of the CEQA administrative record concurrently with administrative proceedings on a project and prior to any...more

2/16/2015 - CEQA Land Developers Proposed Legislation Real Estate Development

Latest Proposed CEQA Legislation (SB 122) Seeks To Reform Administrative Record Process – At A Price

California Senate Bill No. 122 (SB 122), introduced by Senators Jackson, Hill and Roth on January 15, 2015, appears to be the newest stab at legislative CEQA “reform.” But numerous of SB 122’s embryonic provisions raise...more

1/28/2015 - Administrative Record CEQA Pending Legislation

SANDAG Seeks Review of CEQA Decision Invalidating EIR for Its Regional Transportation Plan/Sustainable Communities Strategy

On January 6, 2015, the San Diego Association of Governments (SANDAG) filed a petition asking the California Supreme Court to review the decision in Cleveland National Forest Foundation, et al. v. San Diego Association at...more

1/8/2015 - Appeals CEQA Environmental Impact Report Greenhouse Gas Emissions Public Projects Roads San Diego Surface Transportation Urban Planning & Development

First District Publishes Decision Rejecting CEQA Challenges To Cal Fire’s Approval of Gualala Area Nonindustrial Timber Management...

In a decision filed December 2, and later ordered published on December 30, 2014, the First District Court of Appeal affirmed the Mendocino County Superior Court’s judgment denying a petition for writ of mandate challenging a...more

1/7/2015 - Appeals CEQA Fish and Wildlife Service Petition for Writ of Mandate Substantial Evidence Standard Timber

Second District Holds Short CEQA Statute Of Limitations Not Triggered By NOD That Fails To Provide Public Notice Of Material...

On December 15, 2014, the Second District Court of Appeal (Division 6) issued a pithy published opinion affirming the Ventura County Superior Court’s judgment. The judgment granted a peremptory writ of mandate requiring...more

12/31/2014 - Appeals CEQA Construction Industry Construction Project Environmental Impact Report Public Disclosure Statute of Limitations

“Making CEQA A Federal Case? Recent Actions of California’s Supreme Court and the Federal Surface Transportation Board Set Up A...

Controversy has dogged the California high speed rail project since before its inception with the 2008 passage of Proposition 1A, the bond measure providing the project’s initial funding. The controversy has not abated in the...more

12/23/2014 - CEQA High-Speed Rail ICCTA Public Projects Railroads State Funding Surface Transportation Board

Fifth District Rejects CEQA Challenge to Fresno County Aggregate Mine Project EIR In Partially Published Decision, Clarifies State...

In a lengthy, 65-page opinion filed December 8, 2014 (of which fully two-thirds was unpublished), the Fifth District Court of Appeal affirmed the Fresno County Superior Court’s judgment upholding the EIR, Conditional Use...more

12/16/2014 - Appeals CEQA Conditional Use Permit Environmental Impact Report Farms Loss Mitigation Mining SMARA

Fourth District Publishes Another CEQA Decision Setting Aside San Diego Lead Agency’s EIR For Failure To Analyze And Mitigate GHG...

Having seen years of their lofty regional planning efforts come crashing back to Earth, San Diego government entities have had little to be thankful about so far this holiday season on the CEQA front. In an October 29...more

12/9/2014 - Appeals CEQA Environmental Impact Report Greenhouse Gas Emissions San Diego Urban Planning & Development

Analysis Of GHGs Under CEQA Just Got More Complex: Fourth District’s Split Decision Invalidates Program EIR For SANDAG’s 2050...

In a 2-1 published opinion filed November 24, 2014, the Fourth District Court of Appeal, Division 1, affirmed and modified the trial court’s judgment granting writ petitions by plaintiff groups challenging the EIR for the San...more

12/2/2014 - Appeals CEQA Environmental Impact Report Greenhouse Gas Emissions San Diego Surface Transportation Urban Planning & Development

What CEQA Gives, The Legislature Can Take Away: Third District Holds Special Legislation For Sacramento Kings Downtown Arena...

The Third District Court of Appeal, in a published opinion filed November 20, 2014, affirmed the trial court’s order denying plaintiffs’ application for a preliminary injunction seeking to halt construction of a massive new...more

11/26/2014 - Appeals CEQA Construction Industry Construction Project Environmental Impact Report Public Resources Code Sports

The Limits of CEQA Mitigation – Recent Judicial Applications of Nollan and Dolan

Perhaps foremost among the judicially recognized fundamental constraints on lead agencies’ power to impose various types of mitigation measures on project approvals in the CEQA process is the “doctrine of unconstitutional...more

11/19/2014 - Appeals CEQA Collateral Estoppel Dolan v City of Tigard Landlords Local Ordinance Mitigation Nollan v California Coastal Commission Relocation San Francisco Tenants

Supreme Court Finally Schedules Oral Argument In CEQA Categorical Exemption Case

At long last, the California Supreme Court has scheduled oral argument in the case of Berkeley Hillside Preservation, et al. v. City of Berkeley, Supreme Court Case No. S201116. By its long-awaited order issued October 31,...more

11/5/2014 - CEQA Environmental Liability Oral Argument

Fourth District Addresses CEQA Issues Concerning Standing, Mitigation, Baseline, Piecemealing, And Responses To Comments In...

In a published decision filed October 31, 2014 (Paulek v. California Department of Water Resources (4th Dist., Div. 2, 2014) ___ Cal.App.4th ____, Case No. E060038), the Fourth District Court of Appeal affirmed the Riverside...more

11/5/2014 - CEQA Dams Environmental Impact Report Environmental Policies Remediation Standing

Supreme Court Adds Another CEQA Case To Its Docket, Will Review Fifth District’s Sierra Club v. County of Fresno (“Friant Ranch”)...

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 704, now unciteable and pending review...more

10/28/2014 - CEQA Environmental Impact Report Environmental Policies SCOTUS Sierra Club Sierra Club v County of Fresno

Fall 2014 CEQA Roundup: Legislative and Regulatory Developments

A number of recent legislative and regulatory developments in or related to CEQA will impact public agencies, developers, and practitioners in the coming year. Some significant recent developments include: SB 743...more

10/17/2014 - Air Pollution CEQA Environmental Impact Report Environmental Policies Excessive Noise Plastic Bag Bans

First District Holds CEQA’s Application To Public Agency’s Approval of Railroad Operations Is Preempted By Federal Law Despite...

The North Coast Railroad Authority (NCRA), a public agency established by state law, contracted with Northwestern Pacific Railroad Company (NWPRC) to allow NWPRC to conduct freight services on tracks controlled by NCRA....more

10/7/2014 - CEQA Environmental Impact Report ICCTA NCRA Preemption Public Entities Railroads Surface Transportation Board

Attorney Labor For Preparing CEQA Administrative Record Is Recoverable Cost Where Specialized Knowledge Required, Holds Fourth...

In a partially-published opinion filed September 29, 2014, the Fourth District Court of Appeal affirmed an order and judgment permitting the County of San Diego to recover actual labor costs incurred for an attorney and...more

10/2/2014 - CEQA Discovery Document Productions Litigation Fees & Costs San Diego

Governor Brown Is Not CEQA “Public Agency,” Holds Third District In Indian Casino Case

In a published decision filed September 24, 2014, the Third District Court of Appeal (per Justice Robie) held that CEQA’s definition of a “public agency” that is subject to its requirements (see Pub. Resources Code, § 21063)...more

9/26/2014 - Appeals Casinos CEQA Department of the Interior Indian Gaming Public Entities Resorts & Restaurants

CEQA Administrative Record Preparation Costs – Who Pays and When? First District Provides Guidance In Coalition For Adequate...

In a published decision filed September 15, 2014, the First District Court of Appeal reversed and remanded a trial court’s post-judgment order granting an unsuccessful CEQA petitioner’s motion to tax the entire $64,144 cost...more

9/23/2014 - CEQA Environmental Policies Urban Planning & Development

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