Arthur F. Coon

Arthur F. Coon

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Fourth District Holds Losing CEQA Plaintiff’s Mooted Appeal Was Not “Catalyst” To City’s Revocation Of Project Entitlements After...

In an opinion filed June 8, and ordered published on July 6, 2015, the Fourth Appellate District Court of Appeal affirmed the trial court’s judgment denying a CEQA plaintiff’s motion for attorneys’ fees under CCP § 1021.5,...more

7/9/2015 - Appeals Attorney's Fees CEQA Construction Industry General Plan Land Developers Purchase Agreement Target

A CEQA Trustee Agency “Muscles Up”: Third District Holds Department of Fish and Wildlife’s Newly Exercised Power To Require Notice...

Under CEQA, a “trustee agency” is a “state agency having jurisdiction by law over natural resources affected by a project which are held in trust for the people of the State of California” and “[t]he California Department of...more

6/16/2015 - Administrative Authority Appeals CEQA Department of Fish and Wildlife Environmental Impact Report Inland Waterways Jurisdiction NGOs Property Owners Real Estate Development Statutory Interpretation Subject Matter Jurisdiction Trustees Water Diversion Water Rights

Fourth District Holds CEQA Does Not Require City To Predict ESHA Determinations In Approving Project Over Which Coastal Commission...

In a published opinion filed May 20, 2015, the Fourth District Court of Appeal reversed the trial court’s judgment granting mandate relief based on a general plan violation, affirmed its denial of relief under CEQA, and...more

5/27/2015 - Appeals CEQA Coastal Real Estate General Plan Mixed-Use Zoning

Sixth District Applies CEQA’s “Fair Argument” Standard, Holds That Despite Project’s Compliance With Local Noise Ordinance, EIR...

On May 7, 2015, the Sixth District Court of Appeal filed a published opinion addressing numerous issues of interest under CEQA’s “fair argument” test for preparing an Environmental Impact Report (“EIR”). Keep Our Mountains...more

5/13/2015 - Appeals CEQA Environmental Impact Report Excessive Noise Local Ordinance Special Use Permit

Winners Beware – Fourth District Upholds Trial Court’s Discretion To Drastically Reduce Successful CEQA Plaintiff’s Fees In...

In an opinion filed March 18 and belatedly ordered published on April 13, 2015, the Fourth District Court of Appeal upheld a trial court’s discretion to award only $19,176 in attorneys’ fees under Code of Civil Procedure §...more

4/16/2015 - Appeals Attorney's Fees Cal Code of Civil Procedure CEQA Private Attorneys General Act

Second District Holds First Tier CEQA Analysis Suffices For Regional Board’s Setting of Novel TMDL For Lake Bed Sediment

In a short published opinion, the Second District Court of Appeal rejected federal Clean Water Act, state Porter Cologne Water Quality Control Act, and CEQA challenges to a regional board’s Basin Plan Amendment establishing a...more

4/9/2015 - Appeals CEQA Clean Water Act Inland Waterways TMDL Water Quality Control Boards

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

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 - Appeals CEQA Environmental Impact Report High-Speed Rail Oil & Gas Preemption Railways Surface Transportation Board

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

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 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

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

Kern County’s CEQA Mitigation Measure For Wind Farm Project Relying On FAA Review and Determination of Aviation Safety Impacts Is...

Alleged land use conflicts between newly proposed land uses and existing nearby airports are nothing new, and can produce heated CEQA battles as project opponents often raise “life safety” issues as potential project impacts....more

8/8/2014 - Airports Appeals Aviation Industry CEQA Energy Projects Environmental Impact Report FAA Wind Farm Wind Power Writ of Mandamus

Estopping the “Revolving Door” CEQA/Land Use Plaintiff: Roberson v. City of Rialto Holds Different Plaintiffs Litigating To...

In a decision ordered published on June 17, 2014, nearly a month after it was originally filed, the Fourth District Court of Appeal addressed a key element of the related doctrines of res judicata and collateral estoppel –...more

8/7/2014 - Appeals CEQA Collateral Estoppel General Plan Real Estate Development Res Judicata Wal-Mart

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

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

Supreme Court Will Review CEQA Decision From Fifth District In Wal-Mart Citizen Initiative Case

After receiving three separate petitions for review, including petitions from real parties Wal-Mart Stores, Inc. and the City of Sonora, the California Supreme Court voted unanimously on February 13, 2013 to grant review of...more

2/18/2013 - Appeals CEQA Petitions for Review Wal-Mart

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