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CEQA school in session: First District reverses judgment invalidating EIR for desalination plant project in North Coast Rivers Alliance

Miller Starr Regalia
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USA
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June 6 2013

In a lengthy published opinion filed May 21, 2013, the First District Court of Appeal reversed a judgment granting a writ of mandate and upheld as

Ten CEQA litigation mistakes to avoid

Miller Starr Regalia
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USA
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September 13 2011

Vernon Law, famed Pittsburg Pirates pitcher, once said: “Experience is a hard teacher because she gives the test first, the lesson afterward”

Fourth District applies CEQA’s “murky” piecemealing tests to reject “project definition” challenge to park development in banning ranch conservancy

Miller Starr Regalia
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USA
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January 23 2013

Harmonizing CEQA's rules and principles is, to say the least, not always easy, and is often quite challenging. The relevant concepts are often in

Residential project exempt from CEQA review under Government Code Section 65457 as consistent with specific plan for which program EIR previously certified

Miller Starr Regalia
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USA
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April 10 2013

In a recently published opinion construing Government Code 65457's exemption from environmental review for a residential development

Towards not reinventing the CEQA wheel: resources agency adopts new CEQA guidelines for streamlined review of urban infill development

Miller Starr Regalia
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USA
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May 8 2013

Repetitive CEQA review and analysis is expensive, unnecessary, unproductive, and inimical to the goals of certainty and finality in the environmental

The direction of CEQA “reform” under proposed SB 731: one step up and three steps back?

Miller Starr Regalia
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USA
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May 17 2013

There has been a lot of buzz around proposed SB 731, which is working its way through the State Legislature and will be heard Monday, May 20, in the

How recent CEQA cases show the need for legislative CEQA reform

Miller Starr Regalia
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USA
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June 7 2012

Some CEQA practitioners think the sheer volume of published CEQA opinions demonstrates the need for reform res ipsa loquitur, so to speak

First District holds CEQA’s Class 3 categorical exemption applies to installations of small telecommunications equipment on existing utility poles, recognizes split in case law on standard of review for cumulative impact exception

Miller Starr Regalia
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USA
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September 12 2012

The same appellate panel that decided the controversial Berkeley Hillside Preservation case (which is currently in the briefing stage of Supreme Court review) rendered another significant categorical exemption decision in its recently published opinion in Robinson v. City and County of San Francisco (T-Mobile West Corporation, et al., Real Parties

CEQA sanctions statute: effective deterrent to abuse?

Miller Starr Regalia
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USA
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September 21 2011

Everyone seems to talk about abuses of the CEQA process and meaningful CEQA reform, but nothing ever seems to get done, much to the chagrin of developers who find themselves the target of CEQA litigation

CEQA doesn’t require the killing of mice with missiles: non-prejudicial notice errors do not require project set-aside

Miller Starr Regalia
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USA
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October 25 2011

CEQA’s information disclosure provisions are so integral to its statutory scheme that conventional harmless error analysis does not apply

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