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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by Mark D. Johnson Change is inevitable. Many times between project approval and project construction fluctuations in market conditions, financing terms or other factors mandate project changes. Do the changes require a further or modified California Environmental Quality Act (“CEQA”) analysis? A new California Supreme Court case, Friends of the College of San Mateo Gardens […]
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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 […]
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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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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 […]
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