Substantial Evidence Standard

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American Tower Corporation v. City of San Diego (2014): Further Guidance From The Ninth Circuit On The Regulation Of Data Towers...

The Ninth Circuit recently addressed cell phone tower issues in the matter of American Tower Corporation v. City of San Diego (2014) 763 F.3d 1035, affirming that a local government has a wide degree of discretion to regulate...more

Is It Historical Under CEQA? Court Confirms Substantial Evidence Remains the Standard

Citizens for the Restoration of L Street v. City of Fresno, et al., No. F066498,(Cal. Ct. App. 5th Dist., August 28, 2014) - In a two-part opinion, the Fifth District Court of Appeal affirmed the trial court’s judgment...more

It's in the Bag: San Fran Plastic Bag Ban Ordinance Survives Court Challenge

In Save the Plastic Bag Coalition v. City and County of San Francisco, et al. (“Plastic Bag III”) (December 10, 2013), the First District Court of Appeal affirmed the Superior Court’s denial of a petition for a writ of...more

Substantial Evidence Test Applies to Decision Not to Require Additional EIR

In Latinos Unidos de Napa v. City of Napa (1st Dist., Div. 1, 10/10/13, A134959), ___ Cal.App.4th ___, 2013, the court of appeal found no abuse of discretion in the City of Napa’s approval of revisions to the housing element...more

Thriller?

The verdict is in. AEG Live is not liable in the Michael Jackson wrongful death suit. An appeal is a foregone conclusion. But will an appeal be a "Thriller?" The standards of review tend to reduce the possibility...more

Substantial Evidence Test Applies In Administrative Appeal From University Of California’s Decision To Terminate Employee

A University of California employee sought review of the University’s decision to terminate his employment because he violated the policy against workplace violence or threats. The employee asserted that an independent...more

California Court of Appeal Affirms Deferential CEQA Substantial Evidence Standard

On May 21, 2013, the California First District Court of Appeal certified for publication North Coast Rivers Alliance v. Marin Municipal Water District, an important CEQA opinion that affirms a highly deferential...more

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