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Public Agency May Begin Eminent Domain Proceedings Before Completing CEQA Review, But May Not Actually Acquire The Property Until...

A racetrack landowner challenged a regional park district’s plan to condemn part of the property for construction of a bayside trail, asserting that the park district was required under eminent domain law and the California...more

5/13/2013 - CEQA Compliance Eminent Domain Environmental Impact Report Environmental Review

Housing Development With Optional Retail Component Qualifies For CEQA Exemption For Residential Projects Consistent With...

A group of citizens challenged a city’s determination that a proposed residential development qualifies for an exemption under the California Environmental Quality Act (“CEQA”) as a residential project that is consistent with...more

4/24/2013

Late Filing Of Appeal Of Environmental Impact Report And Project Approval Is Not Excused Under Code Of Civil Procedure Section 473

An organization sought to challenge a county’s project approval and certification of an Environmental Impact Report for a 155,000-square-foot building, but filed the case three days late. The trial court dismissed the case. ...more

4/11/2013 - CEQA Environmental Impact Report Extensions Statute of Limitations

Court Of Appeal Finds County Approval Of EIR For Sand And Gravel Mining Project Does Not Violate CEQA

An organization challenged a county’s approval of a final revised environmental impact report for a project that would allow sand and gravel mining in the bed of the Cuyama River. The court of appeal affirmed the trial...more

4/1/2013 - CEQA Conditional Use Permit Environmental Impact Report Mining Mitigation Water

UPDATE: Court Of Appeal Changes Its Mind On The Issue Of Whether A City Misdescribed A Project’s Objectives

On November 27, 2012, a court of appeal ordered a city to correct the defects in a project description and alternatives discussion in a final environmental impact report (“EIR”) because the court concluded the city had...more

4/1/2013 - CEQA Environmental Impact Report Land Developers Misrepresentation Municipalities Urban Planning & Development Water

No Need To Address Adjacent Project In EIR Because Projects Are Separate, Have Different Proponents, And Serve Different Purposes

A city certified an environmental impact report (“EIR”) for development of a park. A conservancy group claimed the city wrongly defined the project to exclude a residential and commercial development project that was pending...more

1/28/2013 - CEQA Environmental Impact Report Permits Project Definition

City Erred In Certifying Environmental Impact Report That Misdescribed Project’s Objectives

In a case demonstrating the importance of a well-crafted statement of objectives, the appellate court held that a city erred in certifying a final environmental impact report (“EIR”) and approving a project because the EIR...more

1/23/2013 - Appeals CEQA Environmental Impact Report Permits Project Objectives Reversal

Lead Agency Could Not Bypass CEQA Review By Adopting A Voter-Sponsored Initiative As An Ordinance Instead Of Placing The...

A court of appeal created a split of authority when it ruled that California Environmental Quality Act (“CEQA”) review was necessary when a city approved a project, by adopting as an ordinance, an initiative petition that...more

11/26/2012 - CEQA

Voter-Approved Measure That Establishes A Competitive Bidding Process For Future Waste Service Contracts Is Not A “Project” And Is...

A city council’s decision to place a measure on the ballot to establish competitive bidding for future trash service contracts did not require prior environmental review pursuant to the California Environmental Quality Act...more

11/14/2012

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