Project Built at Variance With EIR Subject to Late CEQA Lawsuit

By:  Sean M. Sherlock Ordinarily the threat of a lawsuit under the California Environmental Quality Act (“CEQA”) passes once the statute of limitation expires – in most cases 30 days after the filing of a Notice of Determination.  But a … Continue reading

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CEQA Lawsuit to Enforce Climate Change Mitigation Measure Prevails

  By:  Katherine A. McKitterick and Sean M. Sherlock On October 29, 2014 the California Court of Appeal affirmed a trial court’s judgment enforcing a mitigation measure adopted by a county in its program environmental impact report (PEIR).  As of … Continue reading

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Coastal Commission Public Access Condition Held Invalid

By:  Sean M. Sherlock On October 23, 2014, the California Court of Appeal invalidated a coastal development permit condition requiring a property owner to dedicate an easement for public access across her property.  The case relied in part on U.S. … Continue reading

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Legislature Expands CEQA to Require Tribal Consultation

By Sean M. Sherlock and Brian Daluiso On September 25, 2014, Governor Edmund G. Brown, Jr., signed Assembly Bill No. 52 (“AB 52”) into law. The new law expands the California Environmental Quality Act (“CEQA”) to provide that any public … Continue reading

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Governor of California Is Not a “Public Agency” Under CEQA

By Sean M. Sherlock and Brian A. Daluiso The North Fork Rancheria of Mono Indians (“North Fork Tribe”) is a federally recognized Indian tribe that wants to develop a casino near the City of Madera, approximately 40 miles from the … Continue reading

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