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“Baseline” Basics: Second District Rejects CEQA Challenge To Hollywood Hotel Project MND Alleging Unanalyzed Human/Housing Displacement Impacts Because Plaintiffs Relied On Incorrect Environmental Baseline
29 Jul 2019, 4:47 pm by Arthur F. Coon
Please contact Arthur F. Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Redrawing CEQA’s “Parking” Lines? Second District Holds Parking Impacts of Covina Mixed-Use, Transit-Oriented Infill Project Are Statutorily Exempt From CEQA Review, Rejects Related Map Act Challenge
3 Apr 2018, 4:20 pm by Arthur F. Coon
Please contact Arthur F. Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Sixth District Applies CEQA’s “Fair Argument” Standard, Holds That Despite Project’s Compliance With Local Noise Ordinance, EIR Rather Than Mitigated Negative Declaration Is Required Based On Factual, Non-Expert Evidence Of Noise And Traffic Safety Impacts
12 May 2015, 12:51 pm by Arthur F. Coon
provides no “ironclad definition” of what constitutes a significant effect and that “[i]f [read post]
CEQA Developments - http://www.ceqadevelopments.com
That Dam Case (Again):  Third District Upholds Oroville Hydropower Facilities Relicensing EIR Against Numerous CEQA Challenges
2 May 2023, 11:45 am by Matthew C. Henderson and Arthur F. Coon
Dept. of Commerce (9th Cir. 2017) 878 F.3d 725, had been held too speculative to analyze. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fight On! After Grant and Transfer, Second District Holds Upon Reconsideration that Resident Noise Does Not Preclude CEQA Class 32 Infill Exemption for USC Area Housing Development Project; But Also Holds City Must First Find Project Consistent With Redevelopment Plan Incorporated Into Zoning Before Granting Exemption
18 Nov 2024, 10:43 am by Arthur F. Coon
(f).) [read post]
CEQA Developments - http://www.ceqadevelopments.com
Context Matters: First District Holds CEQA Requires EIR, Not MND, To Analyze Mixed-Use Project’s Potentially Significant Aesthetic And Traffic Impacts On Fremont’s Niles Historical District
20 Aug 2018, 11:14 am by Arthur F. Coon
and observed that the Initial Study itself confirmed a Project-caused change in traffic LOS from E to F, [read post]
CEQA Developments - http://www.ceqadevelopments.com
Proposed CEQA Guidelines Amendments: A Critique Of OPR’s “Preliminary Discussion Draft” (Part I – Proposed “Efficiency Improvements”)
18 Sep 2015, 4:54 pm by Arthur F. Coon
” (Id., at 111, citing Maureen F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Voids Clearlake Hotel Project MND for City’s Failure to Conduct Adequate CEQA AB 52 Tribal Cultural Resources Consultation
18 Mar 2025, 10:43 am by Arthur F. Coon
  (Id., § 21082.3(c)(1), (4), (f).) [read post]
CEQA Developments - http://www.ceqadevelopments.com
Second District Confirms Parking Is (Still) Not A CEQA Impact, Reverses Judgment That Found EIR For San Gabriel Mountains Wilderness Recreation And Preservation Project Deficient For Not Sufficiently Analyzing “Impact” Of Reducing Recreational Parking
23 Aug 2021, 8:52 am by Arthur F. Coon
Bay-Delta, etc. (2008) 43 Cal.4th 1143, 1163, citing CEQA Guidelines, §§ 15126.6(a), (f) [read post]
CEQA Developments - http://www.ceqadevelopments.com
Tentative Map Approval Is CEQA “Project”, Holds Third District In Published Opinion Also Addressing Prejudicial Error, Agency Discretion To Adopt Thresholds Of Significance, Deferred Mitigation, And Other Significant CEQA Issues
15 Sep 2014, 10:09 am by Arthur F. Coon
attempted reliance on an earlier court of appeal precedent for the asserted principle that “[f] [read post]
CEQA Developments - http://www.ceqadevelopments.com
Once More Into the “Brambled Thicket”: Fourth District Reverses Ruling Sustaining Demurrer to Action Challenging Caltrans’ Claim of Statutory CEQA Exemption For Freeway Interchange Project, Holds Streets and Highways Code § 103’s Coastal Commission Exemption Does Not Apply And That Petition Adequately Pleaded Estoppel Against Caltrans to Assert 35-Day Statute of Limitations Based on NOE Filing
1 Apr 2020, 4:33 pm by Arthur F. Coon
  In April 2012, Caltrans circulated the DEIR for the Project, which stated that “[f]ollowing [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Affirms Judgment Upholding MND for Rural Sonoma County Winery Project, Holds Unsubstantiated Expert Opinion Fails to Support Fair Argument of Geologic, Erosion Or Groundwater Impacts
28 Oct 2019, 1:12 pm by Arthur F. Coon
  However, “[i]f the project may have significant effects, but mitigation measures will make [read post]
CEQA Developments - http://www.ceqadevelopments.com
Sixth District Rejects SMARA And CEQA Challenges To Permanente Quarry Reclamation Plan Amendment And Related EIR
9 Sep 2016, 12:17 pm by Arthur F. Coon
Please contact Arthur F. Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Third District Construes CEQA Guidelines’ Class 23 Categorical Exemption And “Unusual Circumstances” Exception In Rejecting Challenge To Watsonville Rodeo Event
7 Apr 2014, 5:18 pm by Arthur F. Coon
  Please contact Arthur F. Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Second District Reverses Preliminary Injunction, Holds CEQA Cannot Trump Santa Barbara County’s Authority To Remove Unpermitted Encroachments Placed In Public Right-Of-Way By Adjacent Landowners
29 Aug 2023, 10:05 am by Arthur F. Coon
Please contact Arthur F. Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Missing the Forest For the Trees: First District Reverses Trial Court, Upholds Project Description And Impact Analysis In Regents’ EIR For Vegetation Removal Projects To Reduce Wildfire Risk At UC Berkeley Hills Campus
20 Jun 2023, 8:42 am by Arthur F. Coon
Please contact Arthur F. Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Third District Rejects CEQA Challenges To El Dorado Irrigation District Ditch Piping Project, Holds EIR’s Project Description And Analysis Of Potential Hydrology, Biological Resources, and Wildfire Impacts Were Adequate
1 Mar 2022, 9:13 am by Arthur F. Coon
  Please contact Arthur F. Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fifth District Holds State Water Board’s Adoption of Regulations Requiring New Test for Whole Effluent Toxicity Violated Federal Clean Water Act Regulations Governing NPDES Permitting, But Not CEQA, APA or Porter Cologne
11 Aug 2025, 3:38 pm by Arthur F. Coon
Please contact Arthur F. Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Holds CEQA Challenge To Shooting Range Project On City-Owned Land In Unincorporated County Was Not Mooted By Project’s Construction During Trial Court Proceedings Despite Petitioner’s Failure To Seek Preliminary Injunction
4 Apr 2024, 1:50 pm by Arthur F. Coon
Please contact Arthur F. Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Delineating CEQA’s Scope: First District Holds CEQA Does Not Apply To Ministerial Approval Of Multifamily Housing Project Allowed By Right Under Zoning Where City’s Discretion Was Limited To Design Review
14 Jan 2019, 11:59 am by Arthur F. Coon
Please contact Arthur F. Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com