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Substantial Evidence Standard CA Supreme Court

Perkins Coie

CEQA Year In Review 2018

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A Summary of Published Appellate Opinions Under the California Environmental Quality Act - The California Supreme Court issued its only CEQA opinion of 2018 at the end of the year. In Sierra Club v. County of Fresno, the...more

Holland & Knight LLP

Supreme Court of California Ruling Elevates Responsible Agency Role Under CEQA - City's EIR Erred by Failing to Fully Disclose and...

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In Banning Ranch Conservancy v. City of Newport Beach, et al., the Supreme Court of California held that lead agencies need to expressly disclose and consider the jurisdictional claims and regulatory opinions of responsible...more

Latham & Watkins LLP

California Supreme Court Addresses CEQA Supplemental Review; Rejects “New Project” Test

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Recent decision resolves appellate split regarding standard of review for agency decision to prepare supplemental environmental review. On September 19, the California Supreme Court held that the substantial evidence...more

Allen Matkins

California Supreme Court Rejects "New Project" Test for Modifications to Previously Approved Projects

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On September 19, 2016, the California Supreme Court issued its long awaited decision in Friends of the College of San Mateo Gardens v. San Mateo Community College District (Case No. S214061). The Supreme Court held that...more

Beveridge & Diamond PC

“New and Improved” is Not Always a Good Slogan Under CEQA

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Marketing departments in major corporations love to describe products as “new and improved” in order to convince you that the product is something you need. In many cases though, you already have the product; the new and...more

Latham & Watkins LLP

California Supreme Court Hears Oral Argument in Friends of the College of San Mateo Gardens v. San Mateo County (Case No. S214061)

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On May 4, 2016, the California Supreme Court heard oral argument in Friends of the College of San Mateo Gardens v. San Mateo County Community College District (Case No. S214061), which addresses the standard of review that...more

Miller Starr Regalia

CEQA Categorical Exemption Case Opinion Ordered Slightly Modified By Supreme Court; Berkeley Hillside Preservation Judgment Is...

Miller Starr Regalia on

On May 27, 2015, the California Supreme Court filed a 4-page order modifying portions of the majority and concurring opinions previously filed March 2, 2015, in Berkeley Hillside Preservation v. City of Berkeley (2015) 60...more

Holland & Knight LLP

California Supreme Court Issues CEQA Ruling Regarding Categorical Exemptions - The Practical Result of the Court's Decision Is...

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The California Supreme Court issued its opinion in Berkeley Hillside Preservation v. City of Berkeley (Case No. S201116), overturning the Court of Appeal and charting a course for the future application of categorical...more

Miller Starr Regalia

California Supreme Court Construes CEQA’s “Unusual Circumstances” Exception to Categorical Exemptions in Berkeley Hillside...

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In a 46-page majority opinion written by Justice Chin and joined by four other justices, punctuated by an 18-page concurring opinion (by Justice Liu, joined by Justice Werdegar) which reads like a dissent, the California...more

Beveridge & Diamond PC

Big House CEQA Exemption on Firm Foundation

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The Berkeley Hillside Preservation association wasn’t thrilled with a new neighbor’s plans to demolish an existing house and build a 6,478-square-foot house with an attached 3,394-square-foot 10-car garage on a slope in the...more

Allen Matkins

California Environmental Law & Policy Update - March 2015

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Environmental and Policy Focus: Berkeley Hillside: New Supreme Court decision defines limits of CEQA exemption challenges to development: Allen Matkins - Mar 2: On March 2, the California Supreme Court issued the...more

Perkins Coie

California Supreme Court Upholds Most Commonly Used CEQA Categorical Exemptions

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The California Supreme Court has issued its long-awaited decision in Berkeley Hillside Preservation v. City of Berkeley, No. S201116 (March 2, 2015). The Court’s decision clears up some of the ambiguity that surrounded the...more

Allen Matkins

Berkeley Hillside: New Supreme Court decision defines limits of CEQA exemption challenges to development

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Today, the California Supreme Court issued the highly anticipated CEQA decision: Berkeley Hillside Preservation v. City of Berkeley. The case addresses whether the "unusual circumstances" exception to CEQA's categorical...more

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