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Schellinger Bros. v. City of Sebastopol
From: FindLaw Opinion Summaries - Environmental
(Cal. App., Civil Procedure, Construction, Environmental Law, Government Law, Property Law & Real Estate) Trial court's decision not to interject itself into the still on-going process of preparing an EIR concerning plaintiff-developer's proposal to develop single-housing and commercial structures within the limits of defendant-city is affirmed where: 1) developer's contention that the one-year time limit for certifying an EIR established by CEQA section 21151.5 constitutes an iron-clad, one-size-fits-all rule that permits of no exception, is rejected; 2) Gov. Code section 65589.5 cannot be used to halt the decision-making process specified by CEQA that is still on-going; and 3) developer's active participation in that process for more than three years, which included numerous changes in t...
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San Diego Navy Broadway Complex Coalition v. City of San Diego
(Cal. App., Administrative Law, Environmental Law) In a nonprofit organization's petition for writ of mandate claiming that defendant-city violated CEQA in determining that no further environmental review of a project was required, the trial court did not err in denying the plaintiff's amended petition as the city was not required to prepare a subsequent or supplemental EIR regarding the potential impact of a redevelopment project called the Navy Broadway Complex Project on global climate change because the city did not grant a discretionary approval that would provide it with the authority to address the project's impact on this environmental issue.

More | FindLaw Opinion Summaries - Environmental
San Diego Navy Broadway Complex Coalition v. City of San Diego
(Cal. App., Administrative Law, Environmental Law) In a nonprofit organization's petition for writ of mandate claiming that defendant-city violated CEQA in determining that no further environmental review of a project was required, the trial court did not err in denying the plaintiff's amended petition as the city was not required to prepare a subsequent or supplemental EIR regarding the potential impact of a redevelopment project called the Navy Broadway Complex Project on global climate change because the city did not grant a discretionary approval that would provide it with the authority to address the project's impact on this environmental issue.

More | FindLaw Opinion Summaries - Environmental
Tomlinson v. County of Alameda
(Cal. App., Administrative Law, Construction, Environmental Law, Government Law, Property Law & Real Estate) Trial court's denial of plaintiffs' petition for a writ of administrative mandate, challenging a decision of a county to approve a subdivision development is reversed as the project was not exempt from CEQA review as the county used the wrong legal standard in applying the exemption and substantial evidence does not show the proposed subdivision satisfied the exemption's criteria.

More | FindLaw Opinion Summaries - Environmental
Tomlinson v. County of Alameda
(Cal. App., Administrative Law, Construction, Environmental Law, Government Law, Property Law & Real Estate) Trial court's denial of plaintiffs' petition for a writ of administrative mandate, challenging a decision of a county to approve a subdivision development is reversed as the project was not exempt from CEQA review as the county used the wrong legal standard in applying the exemption and substantial evidence does not show the proposed subdivision satisfied the exemption's criteria.

More | FindLaw Opinion Summaries - Environmental
Planning & Conservation League v. Castaic Lake Water Agency
(Cal. App., Administrative Law, Civil Procedure, Environmental Law, Government Law, Water Law) In plaintiffs' request for an administrative mandamus challenging an environmental impact report certified by the defendant pursuant to CEQA concerning a transfer of water from a water agency and a water storage district to the defendant's, judgment of the trial court is reversed, vacated and remanded as, although the trial court correctly rejected plaintiffs' principal contentions, it erred in issuing the writ because the EIR contains no material defects.

More | FindLaw Opinion Summaries - Environmental
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