Arthur F. Coon

Arthur F. Coon

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Fourth District Upholds San Diego’s Balboa Park Revitalization Project Against Land Use Law And CEQA Challenges

In a published decision filed May 28, 2015, the Fourth District Court of Appeal reversed that part of the trial court’s judgment granting a writ of mandate and otherwise affirmed the judgment, thus upholding the City of San...more

6/30/2015 - CEQA Public Projects San Diego

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

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

“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

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 Rejects CEQA Challenge To City of Napa’s Reliance On Prior General Plan EIR For Housing Element Update Project

The EIR has long been the judicially-proclaimed “heart of CEQA” because it represents the culmination of the statute’s environmentally-protective purposes and objectives. Yet the legal “expiration date” for the document...more

11/20/2013 - CEQA Environmental Impact Report Municipalities Public Projects

CEQA, Sausages, And The Art of The Possible: A Closer Look at SB 743’s General CEQA Reform Provisions

In a flurry of eleventh-hour activity following Senate President Pro Tem Darrell Steinberg’s withdrawal of SB 731 from consideration (see 9/13/13 post “Steinberg Drops Statewide CEQA Reform Bill (SB 731) After Meeting with...more

9/17/2013 - CEQA Environmental Policies Proposed Legislation Public Projects

High Court Tackles CEQA Future Baselines In Neighbors For Smart Rail Decision

In a much-anticipated decision filed August 5, 2013, the California Supreme Court held that CEQA requires a lead agency to assess a project’s environmental impacts against an “existing conditions” baseline – and consequently...more

8/12/2013 - CEQA Environmental Assessments Environmental Claims Environmental Policies High-Speed Rail Public Projects Public Transit

Legal Update: Army Corps of Engineers Issues New Endangered Species Act Section 7 Guidance

On June 11, 2013, the Army Corps of Engineers (“Corps”) issued a new Endangered Species Guidance Document (“Guidance”) on the Section 7 consultation requirement for federal discretionary actions. While focused primarily on...more

7/17/2013 - Clean Water Act Endangered Species Endangered Species Act EPA Fish and Wildlife Service Public Projects US Army Corps of Engineers Wetlands

No Common Interest In CEQA Compliance Prior To Project Approval, Holds Fifth District In City of Ceres Decision That Conflicts...

In a partially-published appellate writ decision filed July 8, 2013, the Fifth District Court of Appeal held that while CEQA’s administrative record statute (Pub. Resources Code, § 21167.6) does not impliedly abrogate the...more

7/10/2013 - CEQA Common-Interest Privilege Compliance Disclosure Requirements Public Projects

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