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California Supreme Court Invalidates EIR for Coastal Mixed-Use Development

by Richard J. McNeil The California Supreme Court’s recent decision in Banning Ranch Conservancy v. City of Newport Beach, ___ Cal. 4th ___ (2017) (Case No. S227473, Mar. 30, 2017) serves as a cautionary reminder that–as stated by the Court (citing Laurel Heights Improvement Association v. Regents of University of California, 47 Cal. 3d 376, […]

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Fifth District Invalidates Fresno Senior Housing Project EIR For Inadequate Analysis Of Thresholds Of Significance

by Rick McNeil and Colin Higgins Respondent the County of Fresno authorized the development of an approximately 1,000 acre master planned retirement community in an area zoned agricultural in north-central Fresno County. The project was challenged as being inconsistent with the general plan and the project’s EIR was challenged as providing insufficient detail regarding the […]

| 9 min read | Tagged: , , , ,
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First District Court of Appeal Finds Citizen Group’s CEQA Challenge To College of San Mateo Upgrades Time Barred

by Rick McNeil and Colin Higgins In Citizens For A Green San Mateo, plaintiff (environment group) challenged the removal of more than 200 trees as part of upgrades to the College of San Mateo campus (“CSM”). Plaintiff filed a petition for writ of mandate, alleging that the tree removal was outside the scope of an […]

| 5 min read | Tagged: ,
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“CEQA-in-Reverse” Case Headed for the California Supreme Court

Real estate developers, public agencies and private businesses involved in land development or redevelopment may soon have to contend with a new far-reaching interpretation of the California Environmental Quality Act (CEQA). Rick McNeil, Jon Frank and Connie Bak discuss how the California Supreme Court’s decision in California Building Industry Association v. Bay Area Air Quality […]

| 1 min read | Tagged: ,
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Second District Court of Appeal Rejects Conservation Group Challenge to EIR for Newhall Ranch Development

by Rick McNeil and Colin Higgins In Center for Biological Diversity, the California Department of Fish and Wildlife and the Army Corps of Engineers (“Department”) certified an EIR assessing the effects of a proposed conservation plan, resource management plan, streambed alteration agreement, and incidental take permits relating to the Newhall Ranch specific plan development. The […]

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Second District Court of Appeal Rejects City of Los Angeles’ Attempt to Require Tentative Tract Map or EIR for Benedict Canyon Luxury Home Development

by Rick McNeil and Colin Higgins In this case involving the interpretation of the Los Angeles Municipal Code and the Subdivision Map Act, Tower Lane Properties sought a grading permit from the City of Los Angeles for the construction of a three-residence family compound totaling approximately 35,000 square on three contiguous hillside lots totaling approximately […]

| 6 min read | Tagged: , ,
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New EPA Standard Provides Guidance for Phase I Investigations

In a recent rulemaking, the Environmental Protection Agency (EPA) amended its “All Appropriate Inquiries Rule” (set forth in 40 CFR Part 312) to reference in the rule ASTM Standard E1527-13. ASTM Standard E1527-13 is the recently updated version of the industry standard that is commonly used to conduct Phase I environmental investigations that are undertaken […]

| 1 min read | Tagged: , , ,
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First District Court of Appeal Finds CalTrans’ EIR Deficient For Failure To Properly Evaluate Impacts to Redwood Trees Adjacent to Highway 101

by Rick McNeil and Colin Higgins In Lotus, the California Department of Transportation (CalTrans) proposed to adjust and upgrade the roadway alignment of a one-mile stretch of Route 101 that passes through Richardson Grove State Park, home to 300 feet tall and thousands of years old redwood trees. The purpose of the project was to […]

| 5 min read | Tagged: ,
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Fifth District Court of Appeal Dismisses Citizen Group Challenge to Annexation Based on Procedural Irregularities

by Rick McNeil and Colin Higgins Protect Agricultural Land involved a CEQA and a “reverse validation” challenge to the approval by the Stanislaus County Local Agency Formation Commission (“LAFCO”) of the proposed annexation by the City of Ceres of approximately 960 acres of land described in the West Landing Specific Plan (and also the modification […]

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Fourth District Court of Appeal Rejects Citizen Group Spot Zoning Challenge to Orange County Senior Housing Project

by Rick McNeil and Colin Higgins The Foothill Communities case involved a “spot zoning” challenge to a senior residential housing project to be developed by the Roman Catholic Diocese of Orange. In this case, the trial court granted Foothill’s petition for a writ of mandate based on the contention that the “spot zoning” was impermissible. […]

| 7 min read | Tagged: , ,
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