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California Environmental Quality Act Environmental Review Standard of Review

Miller Starr Regalia

Reversal of Misfortune: Second District Holds CEQA Action Challenging Los Angeles Housing Development Project Barred By Statute of...

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In a published opinion filed on January 17, 2024, the Second District Court of Appeal (Div. 5) reversed a trial court judgment overturning a mitigated negative declaration (MND) and requiring an EIR for a 42-single family...more

Downey Brand LLP

Sixth District Says City’s Specific Plan EIR Need Not Analyze Speculative Alternative Scenario Conjured by Project Opponents

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The Sixth District Court of Appeal, in Santa Rita Union School District v. City of Salinas (2023), 94 Cal.App.5th 298, reversed the lower court, finding that the City of Salinas’ (“City”) final programmatic environmental...more

Downey Brand LLP

Trial Court’s Jurisdiction over CEQA Case is Lost after Writ is Satisfied by Rescission of Project Approvals

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In McCann v. City of San Diego (2023) 94 Cal.App.5th 284 (McCann II), the Fourth District Court of Appeal held the trial court exceeded its jurisdiction by failing to discharge a writ of mandate. The writ was issued for the...more

Miller Starr Regalia

Missing the Forest For the Trees: First District Reverses Trial Court, Upholds Project Description And Impact Analysis In Regents’...

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In a published opinion filed June 9, 2023, the First District Court of Appeal (Div. 3) reversed the trial court’s judgment granting a writ of mandate in consolidated CEQA actions and upheld the adequacy of the UC Regents’ EIR...more

Miller Starr Regalia

First District Upholds Use of Government Code Section 65457 CEQA Exemption For Downtown Livermore Affordable Housing Project,...

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In an opinion in a much-publicized case, filed December 28, 2022, and later ordered published on January 26, 2023, the First District Court of Appeal (Div. 3), upheld the City of Livermore’s (“City”) approval of a 130-unit...more

Miller Starr Regalia

A “Capitol” Offense: Third District Holds State Capitol Building Annex/Visitor Center Project EIR Violated CEQA Due To Inadequate...

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In a published opinion filed December 6, 2022, the Third District Court of Appeal reversed in part and affirmed in part the trial court’s judgment denying writ petitions in consolidated actions challenging the EIR for a major...more

Miller Starr Regalia

“Yes, San Francisco, There Is A CEQA”: First District Reverses Judgment Upholding City’s Categorical Exemption Determinations For...

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“Yes, Virginia, there is a Santa Claus.” – Editorial by Francis Pharcellus Church first appearing in New York newspaper The Sun on September 21, 1897 - In keeping with the spirit of the holiday season, it is entirely fitting...more

Miller Starr Regalia

Fourth District Rejects CEQA Challenge To San Diego’s Use of Existing Facilities Categorical Exemption For Mission Beach Amusement...

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In an opinion filed December 27, 2018, and later ordered published on January 15, 2019, the Fourth District Court of Appeal (Div. 1) affirmed the trial court’s judgment rejecting CEQA and other challenges to the City of San...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

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