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Exhustion of Administrative Remedies and Res Judicata with Land Use Matters

April 3, 2019 11:28 PM

Failure to comment at a public hearing or appeal a land use decision may result in a failure to bring a CEQA lawsuit at a later date.

Setting the Stage to Tier Off the Marine Aquaculture Programmatic Environmental Impact Report (PEIR)

February 13, 2019 10:53 PM

The State's Marine Aquaculture PEIR should be of interest to those looking to get into the Mariculture industry in California because if the PEIR has an adequate level of detail and mitigation measures, businesses may be able to “tier” off it. Being able to tier off a PEIR can dispense with further environmental review of activities that are adequately covered by the Program EIR.

Leases May Be Subject to CEQA Review

February 5, 2019 10:43 PM

Private parties who plan to jump into a real property transaction with a public agency should be aware that their deal could be impacted or held up by the California Environmental Quality Act. If not fully informed of the recent legal developments pertaining to CEQA compliance and real property, parties may find themselves unable to close the deal on time or caught up in lengthy and costly litigation.

Court Finds Mapped Earthquake Zone and Landslide Area Do Not Trigger the “Location” Exception to Categorical Exemptions Under CEQA

January 31, 2019 1:38 AM

The bifurcated standard of review that applies to the “Unusual Circumstances” exception to a categorical exemption under CEQA also applies to the “Location” exception; and (2) a mapped earthquake zone, such as the Alquist-Priolo Earthquake Fault Zone (APEFZ) or being in an earthquake-induced landslide area mapped by the California Geologic Survey on the Seismic Hazard Mapping Act map do not trigger the “Location” exception to the use of categorical exemption.

Court Finds Multi-Million Dollar Construction Project in San Diego to be Exempt from the California Environmental Quality Act (CEQA) Under the Existing Facilities Exemption

January 28, 2019 7:52 PM

When relying on a categorical exemption to CEQA, like the Existing Facilities (CEQA Guidelines Section 15301), Replacement or Reconstruction (CEQA Guidelines Section 15302) or New Construction or Conversion of Small Structures (CEQA Guidelines Section 15303) exemption, it is important to understand that CEQA looks at the changes that will be made to the present conditions. Therefore, construction of a buildings or structure years ago should not factor into the decision of whether the new project is exempt from CEQA except for increasing the baseline.

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