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Mitigated Negative Declaration Substantial Evidence

Downey Brand LLP

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

Downey Brand LLP on

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

Downey Brand LLP

Residents’ Comments About Existing Fire Hazards Do Not Constitute Substantial Evidence of a New Project’s Impacts Under CEQA

Downey Brand LLP on

In June 2021, the Third District Court of Appeal upheld the County of El Dorado’s (“County”) mitigated negative declaration (“MND”) for a bridge construction project against complaints that the project’s construction would...more

Allen Matkins

Unsubstantiated or Speculative Expert Opinion Is Not Substantial Evidence of a Significant Environmental Impact

Allen Matkins on

Unsubstantiated opinions from purported experts are not enough to require preparation of an EIR, the court of appeal recently held in Maacama Watershed Alliance v. County of Sonoma, 40 Cal. App. 5th 1007 (2019), a case in...more

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