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Environmental Impact Report (EIR) Addendums

Downey Brand LLP

NIMBYism in Newport Beach: Court Upholds Addendum for Apartment Complex Challenged by NIMBY Neighboring Commercial Property Owner

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The Fourth District Court of Appeal, in Olen Properties Corp. v. City of Newport Beach (2023) ___Cal.App.5th___, upheld the City of Newport Beach’s approval of a 312-unit apartment complex challenged by a neighboring...more

Downey Brand LLP

Court Finds Use of Addendum Improper as Project’s GHG Emissions Likely Outside the Scope of Prior Programmatic EIR and Unusual...

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In IBC Business Owners for Sensible Development v. City of Irvine et al. (Feb. 6 2023, Case No. G060850) ___ Cal.App.5th ___, the Fourth District Court of Appeal held that the City of Irvine (“City”) violated CEQA when it...more

Perkins Coie

EIR Addendum Process Upheld Against Facial Challenge

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The California Court of Appeal rejected a facial challenge to the EIR addendum process, and held that an agency is not required to make new findings in connection with approval of an EIR addendum. Save Our Heritage...more

Miller Starr Regalia

Fourth District Holds Addendum Process Authorized By CEQA, No New Findings Required

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The Fourth District Court of Appeal (Div. 1) held in a published opinion filed October 24, 2018, that CEQA Guidelines § 15164 validly establishes an addendum process that is consistent with the CEQA statute, implementing and...more

Downey Brand LLP

Fourth District Upholds San Diego’s Addendum for Balboa Park Revitalization Project, Validates the CEQA Addendum Process

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On October 24, 2018, the Fourth Appellate District upheld the trial court’s decision in Save Our Heritage Organization v. City of San Diego (D073064), finding that the use of an addendum as outlined in section 15164 of the...more

Perkins Coie

Courts Must Defer to Agency Determination on Whether a Changed Project is a New Project

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In Friends of the College of San Mateo Gardens v. San Mateo County Community College District (Supreme Court No. S214061, filed Sept. 19, 2016), the California Supreme Court resolved the vexing question of whether a change to...more

Manatt, Phelps & Phillips, LLP

California Supreme Court Rejects “New Project” Argument

Friends of the College of San Mateo Gardens v. San Mateo County Community College District (No. S214061, September 19, 2016) - Why It Matters: As land developers and investors know all too well, so-called...more

Manatt, Phelps & Phillips, LLP

Real Estate and Land Use - August 2016

Court of Appeal Holds EIR Inadequately Analyzed Energy Impacts - Ukiah Citizens for Safety First v. City of Ukiah et al. (248 Cal.App.4th 256) (partially published) - Why It Matters: The California Court of Appeal...more

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