Articles: 11-20 of 296
Third District Adds Brief CEQA Severance Analysis After Rehearing In Save Our Capitol! Case, Limits Its Relief To Allow Capitol Annex Demolition To Go Forward
USA - January 23 2023 In an opinion on rehearing filed January 18, 2023, the Third District Court of Appeal reissued its previous published opinion in the Save Our Capitol…
Fatal “Exhaustion”: Fifth District Holds CEQA’s Statute of Limitations Ran Out On Plaintiff’s Claim While Plaintiff Thought It Was Still In Process Of Exhausting Administrative Remedies
USA - January 10 2023 As all CEQA practitioners know, a prospective petitioner in a writ proceeding challenging a CEQA determination must first exhaust available…
When CEQA Litigation Turns Tortious: First District Affirms Order Denying Anti-SLAPP Motion, Allows Malicious Prosecution Action To Proceed Against Counsel Who Brought Unsuccessful CEQA Challenge To Single-Home Project
USA - January 3 2023 While CEQA is a complicated area of law, often criticized as a “Plaintiff’s sandbox,” CEQA litigation is not a “free-for-all” immune from malicious…
A “Capitol” Offense: Third District Holds State Capitol Building Annex/Visitor Center Project EIR Violated CEQA Due To Inadequate Project Description And Analyses Of Historical Cultural Impacts, Aesthetics, And Project Alternatives
USA - January 2 2023 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…
First District Rejects CEQA Challenges To EIR For Petaluma River Apartment Project, Upholds Special Status Species Baseline And Public Safety/Emergency Access Impacts Analyses As Supported By Substantial Evidence
USA - December 19 2022 In an opinion filed on November 14, and later certified for publication on December 13, 2022, the First District Court of Appeal (Div. 3) affirmed a…
Petitions for Review Filed In Brown Act/CEQA Exemption Case
USA - December 7 2022 On December 5, 2022, the real party in interest (Arakelian Enterprises, Inc. dba Athens Services) and respondent City of Thousand Oaks both filed…
“Yes, San Francisco, There Is A CEQA”: First District Reverses Judgment Upholding City’s Categorical Exemption Determinations For Project To Add Four 90-Foot Tall Light Standards To High School Stadium In Residential Neighborhood
USA - December 7 2022 “Yes, Virginia, there is a Santa Claus.” - Editorial by Francis Pharcellus Church first appearing in New York newspaper The Sun on September 21, 1897…
Second District Denies Rehearing and Modifies Opinion In Brown Act/CEQA Exemption Case; CSAC and Solano County Seek Depublication In Supreme Court
USA - December 5 2022 The Second District Court of Appeal (Div. 6) has issued a November 22, 2022 Order modifying its opinion and denying rehearing in G.I. Industries v…
Attorney General’s Guidance On “Best Practices” For CEQA Analysis Of And Mitigation For Wildfire-Related Impacts Is Long On Litigation And Policy Advocacy, Short On Neutral Legal Analysis
USA - November 23 2022 Wildfires are an unfortunate reality of life in California and have become of increasing concern over the past several years. Eight of the ten…
Second District Holds Brown Act Requires Lead Agency To List CEQA Exemption As Item of Business On Agenda For Public Meeting When Project Already Found Exempt By Staff Is Considered For Approval
USA - October 31 2022 In a published opinion filed October 26, 2022, the Second District Court of Appeal (Div. 6) appears to have significantly expanded the reach of both…
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