Arthur F. Coon

Arthur F. Coon

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Another One Bites the Dust: Supreme Court Denies Review and Depublishes Sixth District’s SMARA/CEQA Opinion Upholding Permanente...

On December 14, 2016, the California Supreme Court denied review and ordered depublished the Sixth District Court of Appeal’s opinion in Bay Area Clean Environment, Inc. v. Santa Clara County, which was previously filed on...more

2/2/2017 - CA Supreme Court CEQA Environmental Impact Report (EIR)

New Water Supply Planning Laws Affecting CEQA Projects Now in Effect

New California legislation affecting the required water supply analyses that must be made for certain projects subject to CEQA (SB 1262) was signed into law by Governor Brown last fall, and is now effective as of January 1,...more

2/1/2017 - Amended Legislation CEQA Construction Project Department of Water Resources Groundwater Sustainable Groundwater Management Act (SGMA) Urban Planning & Development Water Supplies

California Supreme Court Denies Review in Expedited CEQA Litigation over Golden State Warriors Arena Project Approval

On January 17, 2017, the California Supreme Court denied the losing appellants’ petition for writ of supersedeas, stay request, and petition for review of the First District Court of Appeal’s decision in Mission Bay Alliance...more

1/19/2017 - Appeals CA Supreme Court CEQA Construction Project

Supreme Court Grants Review in Medical Marijuana Case Presenting CEQA “Project” Definition Issues

On January 11, 2017, the California Supreme Court by unanimous order granted review in yet another CEQA case, Union of Medical Marijuana Patients, Inc. v. City of San Diego (2016) 4 Cal.App.4th 103, Supreme Court Case No....more

1/13/2017 - CA Supreme Court CEQA Medical Marijuana Zoning Laws

Completing the Loop Without Reinventing the Wheel: First District Holds 1998 EIR Adequate Without Further CEQA Review to Analyze...

In an opinion filed November 29, and belatedly ordered published on December 22, 2016, the First District Court of Appeal affirmed the trial court’s denial of a writ petition challenging on CEQA grounds the San Francisco...more

12/28/2016 - CA Supreme Court CEQA Environmental Impact Report (EIR) Standard of Review

CEQA Does Not Require Local Lead Agency To Provide For Administrative Appeal To Elected Body of Nonelected Body’s Decision That...

In an opinion filed December 7, and later ordered published on December 16, 2016, the Fourth District Court of Appeal affirmed a judgment denying a writ petition on the “single legal issue” whether plaintiffs were entitled...more

12/20/2016 - Appeals CEQA Environmental Impact Report (EIR) Urban Planning & Development

Slam Dunked! First District Rejects All CEQA And Land Use Challenges To Golden State Warriors Event Center Project And EIR In...

In a lengthy published opinion filed November 29, 2016, the First District Court of Appeal rejected all legal challenges to the City of San Francisco’s Final Supplemental Environmental Impact Report (FSEIR) and related land...more

12/6/2016 - CEQA Climate Change Construction Industry Environmental Impact Report (EIR) Greenhouse Gas Emissions Mitigation Standard of Review

Wither Subsequent Review? Supreme Court Again Weighs In On CEQA Subsequent Review Standards Following Negative Declarations –...

On November 22, 2016, the California Supreme Court issued a significant Order granting review in Coastal Hills Rural Preservation v. County of Sonoma (2016) 2 Cal.App.5th 1234, and also transferring the matter back to the...more

12/1/2016 - CA Supreme Court CEQA Mitigation Standard of Review

Sacramento Residential Infill Project EIR Violated CEQA By Basing Less-Than-Significant Traffic Impact Finding Solely On...

On November 7, 2016, the Third District Court of Appeal filed a published opinion mostly upholding the EIR for a 48.75-acre, 328-unit residential infill project (known as McKinley Village) against various CEQA challenges, and...more

11/11/2016 - Appeals CEQA Climate Change Environmental Impact Report (EIR) General Plan Mitigation

Governor (Still) Not A Public Agency Subject To CEQA, Holds Third District In Indian Gaming Case

The Federal Indian Gaming Regulatory Act (“IGRA”; 25 U.S.C. § 2701 et seq.) allows gaming on Indian lands acquired by the Secretary of the Interior (Secretary) in trust for a tribe’s benefit after October 17, 1988, if, among...more

10/18/2016 - CEQA Indian Gaming Indian Gaming Regulation Act

Blowing Smoke About Impacts? Fourth District Rejects Speculative CEQA Challenge to San Diego’s Medical Marijuana Consumer...

In a 29-page published opinion filed October 14, 2016, the Fourth District Court of Appeal dispensed some good news to municipalities desiring to reasonably regulate retail medical marijuana facilities within their...more

10/18/2016 - CEQA Conditional Use Permit Marijuana Related Businesses Medical Marijuana Zoning Laws

Fifth District Denies Rehearing, Corrects Published Opinion And Judgment In Consolidated City of Ceres Appeals To Reflect...

It’s always nice not to lose a hard-won prevailing party cost award due to a court’s imprecise use of party designations – which can get confusing where there are multiple appeals at issue. On October 4, 2016, the Fifth...more

10/7/2016 - CEQA Environmental Impact Report (EIR) Litigation Fees & Costs Prevailing Party Wal-Mart

Supreme Court Addresses CEQA Subsequent Review Rules in San Mateo Gardens Case

The California Supreme Court provided needed clarification to some aspects of the operation of CEQA’s “subsequent review” rules (Pub. Resources Code, § 21166; CEQA Guidelines, § 15162) in its highly anticipated opinion, filed...more

9/23/2016 - CA Supreme Court CEQA Environmental Impact Report (EIR) Mitigation Standard of Review

Neither CEQA Administrative Record Preparation Statute nor Case Law Precludes Award of Costs to Prevailing Real Party who...

In the published portion of an opinion filed September 12, 2016, the Fifth District Court of Appeal reversed the trial court’s order taxing costs in the amount of $44,889.71 which were claimed by prevailing real party in...more

9/20/2016 - Air Pollution CEQA Disclosure Requirements Environmental Impact Report (EIR) Mitigation

First District Modifies “Reverse CEQA” Case Opinion, Denies BAAQMD’s Petition For Rehearing With No Change In Judgment

On September 9, 2016, the First District Court of Appeal (Division 5) filed an “Order Modifying Opinion and Denying Rehearing [No Change In Judgment]” in California Building Industry Association v. Bay Area Air Quality...more

9/19/2016 - Bay Area Air Quality Management District CA Supreme Court CEQA Environmental Impact Report (EIR)

Sixth District Rejects SMARA And CEQA Challenges To Permanente Quarry Reclamation Plan Amendment And Related EIR

In a published opinion filed August 31, 2016, the Sixth Appellate District Court of Appeal rejected claims under CEQA and the Surface Mining and Reclamation Act (“SMARA”; Pub. Resources Code, §§ 2700, et seq.), and affirmed...more

9/12/2016 - Appeals CEQA Environmental Impact Report (EIR) Mining Mitigation SMARA

First District Applies CEQA’s “Subsequent Review” Rules, Substantial Evidence Standard of Review; Upholds Subsequent Mitigated...

The First District Court of Appeal has issued another published decision applying the “substantial evidence” standard of review to a local agency’s decision not to prepare an EIR for approval of revisions to a project for...more

9/7/2016 - CA Supreme Court CEQA Environmental Impact Report (EIR) Mitigation

Supreme Court Depublishes Quirky Fourth District CEQA/General Plan Decision

On August 17, 2016, the California Supreme Court ordered the Fourth District’s opinion in People for Proper Planning v. City of Palm Springs (2016) 247 Cal.App.4th 640 to be depublished, rendering it unciteable and of no...more

8/29/2016 - CA Supreme Court CEQA Standard of Review

Statutory CEQA Reform Proposal (SB 122) Reemerges With Optional Expedited Record Preparation Provisions Unchanged; Fleshes Out OPR...

About one year after being placed in the California Legislature’s “Inactive File,” SB 122 (concerning concurrent preparation of the CEQA administrative record and OPR electronic database) is back “off the shelf.” The bill...more

8/26/2016 - CEQA Environmental Impact Report (EIR) Office of Planning & Research (OPR) Proposed Legislation

“CEQA-In-Reverse” Case on Remand: First District Holds BAAQMD’s 2010 Air Pollutant Thresholds Not Facially Invalid, But Can’t Be...

In a published decision filed August 12, 2016, following remand from the California Supreme Court after its landmark “CEQA-in-reverse” decision, the First District Court of Appeal reversed the trial court’s judgment and...more

8/19/2016 - Air Pollution Attorney's Fees California Building Industry Association (CBIA) CEQA Declaratory Relief

Sixth District Holds CEQA’s “Fair Argument” Test Inapplicable To City Of San Jose’s Discretionary Determination That 1922 Wooden...

A project that may cause a substantial adverse change in the significance of a “historical resource” may, for that reason, have a significant effect on the environment for purposes of CEQA. (Pub. Resources Code, § 21084.1.)...more

8/16/2016 - Appeals CEQA Environmental Impact Report (EIR) Mitigation Standard of Review

Holland & Knight SCAG Update Report: CEQA Litigation Abuse Hurts Infill Housing

Following up on their 2015 report covering all CEQA lawsuits filed during the 2010-2012 period, Holland & Knight lawyers Jennifer Hernandez, David Friedman and Stephanie DeHerrera recently released a portion of the sequel –...more

8/15/2016 - Affordable Housing CEQA Greenhouse Gas Emissions Multi-Family Development State and Local Government

First District Rejects CEQA Challenge To “Plan Bay Area” Sustainable Communities Strategy EIR As Premised On Fundamental...

In a 58-page published opinion filed June 30, 2016, the First District Court of Appeal affirmed the Alameda County Superior Court’s judgment upholding the Metropolitan Transportation Commission’s (MTC) and Association of Bay...more

8/2/2016 - Bay Area CARB CEQA Environmental Impact Report (EIR) Greenhouse Gas Emissions Low Carbon Fuel Standard

Second District Upholds Application of CEQA’s Class 3 Categorical Exemption For New Small Structures To City’s Approval of Small...

In a published opinion filed July 21, 2016, the Second District Court of Appeal affirmed the trial court’s judgment rejecting plaintiffs/residential neighbors’ (“Appellants”) CEQA challenge to the City of Redondo Beach’s...more

7/28/2016 - CEQA Exemptions Hazardous Substances Urban Planning & Development

Discovery Rule Does Not Postpone Accrual of CEQA Cause of Action; Events Specified In CEQA Statute of Limitations Provide...

In a short but significant published opinion filed July 19, 2016, the First District Court of Appeal affirmed the San Francisco County Superior Court’s judgment of dismissal following the sustaining of demurrers (without...more

7/26/2016 - CEQA Environmental Impact Report (EIR) Exemptions Statute of Limitations

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