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Arthur F. Coon

Arthur F. Coon

Miller Starr Regalia


Latest Posts › Environmental Impact Report

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First District Holds CEQA Remedies Provision Allows Park District’s Eminent Domain Action To Proceed Pending Preparation of...

In Golden Gate Land Holdings LLC v. East Bay Regional Park District (4/12/13 1st Dist., Div. 5) _____ Cal.App.4th _____, 2013 WL 1491547, the First District Court of Appeal explored the scope and proper application of CEQA’s...more

4/25/2013 - CEQA Condemnation Eminent Domain Environmental Impact Report

Residential Project Exempt From CEQA Review Under Government Code Section 65457 As Consistent With Specific Plan For Which Program...

In a recently published opinion construing Government Code § 65457’s exemption from environmental review for a residential development consistent with a specific plan for which an EIR was previously certified, the First...more

4/11/2013 - CEQA Environmental Impact Report Environmental Review Greenhouse Gas Emissions Housing Developers Land Developers

Second District Rejects CEQA Challenge To EIR for Riverbed Sand And Gravel Mining Project, Upholds Santa Barbara County’s...

The Second District Court of Appeal upheld the County of Santa Barbara’s Final Revised Environmental Impact Report for a 30-year conditional use permit (CUP) for the Diamond Rock mine project. Save Cuyama Valley v. County of...more

3/12/2013 - CEQA Conditional Use Permit Environmental Impact Report Mining Water

“Bare-Bones” CEQA Reform Bill (SB 731) Introduced By Senator Steinberg; Senator Evans Proposes Legislation to Further Expand CEQA

On February 22, 2013, Senator President Pro Tempore Darrell Steinberg introduced SB 731, a bill the Senator’s website press release described as “outlining the detailed intent that strengthens [CEQA’s] protection of the...more

2/27/2013 - CEQA CEQA Reform Environmental Impact Report Mitigation

Are Courts Actively Limiting CEQA’s Scope In The Absence Of Meaningful Legislative Reform?*

While no California Environmental Quality Act (“CEQA”) reform was achieved by the California Legislature in its last session, Senate President Pro-Tem Darrell Steinberg has indicated in a recently-issued statement that it...more

2/6/2013 - CEQA CEQA Reform Environmental Impact Report Exhaustion Doctrine Statute of Limitations Subdivision Map Act

Fourth District Applies CEQA’s “Murky” Piecemealing Tests To Reject “Project Definition” Challenge To Park Development in Banning...

Harmonizing CEQA’s rules and principles is, to say the least, not always easy, and is often quite challenging. The relevant concepts are often in tension, or are so malleable that they can be argued or construed to conflict....more

1/24/2013 - CEQA Environmental Impact Report Laurel Heights test Permits Project Definition

Recent Cases Show How CEQA’s Applicability And Substantive EIR Requirements Are Determined By Meaningful Agency Discretion

It is a fundamental precept of CEQA that it applies only to the discretionary approval of a project. If an agency has no discretion to deny or shape the project to address environmental concerns, CEQA review would be a...more

1/8/2013 - CEQA Environmental Impact Report Environmental Review Groundwater

Supreme Court Case Involving CEQA’s “Unusual Circumstances” Exception to Categorical Exemptions Now Fully Briefed by Parties;...

The Respondent City of Berkeley and Real Parties (Kapors) filed their joint Reply Brief on the Merits in the California Supreme Court in a much-watched categorical exemption case, Berkeley Hillside Preservation, et al. v....more

12/17/2012 - CEQA Environmental Impact Report Exemptions

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