» CEQA

State Auditor Finds That California Department of Fish & Widlife Failed to Comply With its Obligations Under CEQA

Posted By:
David P. Temblador
June 2019 On June 27, 2019, the State Auditor affirmed that the California Department of Fish and Wildlife (“DFW”) “is not fulfilling its responsibilities under the California Environmental Quality Act [(“CEQA”)].”  In response to a Join… Read More
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Categories: CDFW, CEQA, Climate, Department of Fish & Wildlife, Environmental, Land Use, Mitigation, Water
Tags: California Department of Fish & Wildlife, CDFW, CEQA, EIR, environmental review, negative declaration, state audit

Georgetown Preservation Society v. County of El Dorado - Despite Compliance with Local Design Standards Lay Opinion on Aesthetics Can Support a CEQA "Fair Argument"

Posted By:
Sean K. Hungerford James I. Anderson
A recent opinion by California’s Third Appellate District holds that even if a project conforms to county historic design guidelines, lay opinions relating to the aesthetics may support a fair argument of substantial impacts on the environment. Read More
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Categories: CEQA, Environmental, Land Use
Tags: aesthetics, CEQA, design standards, El Dorado, fair argument, Georgetown Preservation Society, historic, Third Appellate

Protect Niles v. City of Fremont - Personal Observations May Support a CEQA "Fair Argument"

Posted By:
Sean K. Hungerford James I. Anderson
August 2018 A recent unpublished opinion by California’s First Appellate District highlights the risk that CEQA lead agencies face when they approve projects with potential visual or traffic impacts based on a negative declaration.  In Protect Nil… Read More
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Categories: Articles, CEQA, Environmental, Land Use, Mitigation
Tags: aesthetics, CEQA, development proposal, EIR, fair argument, lead agency, negative declaration, substantial evidence, traffic impacts

California Natural Resources Agency Releases Additional Proposed Revisions to CEQA Guidelines

Posted By:
Sean K. Hungerford
July 2018 The California Natural Resources Agency has released another round of proposed revisions to the CEQA Guidelines. The draft changes to the guidelines were originally published in January 2018 and followed by public hearings in March 2018. Th… Read More
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Categories: Articles, CEQA, Environmental, Land Use
Tags: Appendix G, CEQA, CEQA Guidelines, Natural Resources Agency

Firm Highlighted as Leader in Cannabis Permitting and Regulatory Compliance

Posted By:
Bradley B. Johnson
Harrison, Temblador, Hungerford & Johnson LLP has been recognized in a recent article by The Recorder (available here) as a leader in obtaining local cannabis land use entitlements and state licenses.  The firm has applied its land use expertise… Read More
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Categories: Articles, CEQA, Environmental, Land Use, Marijuana
Tags: CalCannabis, cannabis, CEQA, emergency regulations, marijuana, MAUCRSA, state cannabis license

Court Holds That Stipulated Compliance Orders Do Not Require CEQA Review

Posted By:
Sean K. Hungerford
Coastal Environmental Rights Foundation v. County of San Diego (2017) Cal. App. Unpub. LEXIS 6988 In an unpublished decision of interest to quarry operators, California’s Fourth Appellate District held that San Diego County did not need to perfor… Read More
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Categories: Articles, CEQA, Environmental, Land Use, Mining
Tags: CEQA, compliance order, enforcement action, land use, mining

Please Note Our New Address

Posted By:
Bradley B. Johnson
Harrison, Temblador, Hungerford & Johnson LLP has a new address: 2801 T Street Sacramento, CA 95816 All firm phone numbers and email addresses remain the same. Please call (916) 382-4377 or email info@hthjlaw.com with any questions. Read More
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Categories: Articles, CEQA, Climate, Environmental, Land Use, Marijuana, Mining, Mitigation, MSHA, NEPA, SMARA, Solar, Transportation, Vested Rights, Water

Court Upholds Use Of Deed Restrictions As An Enforceable Method of Protecting Mitigation Lands

Posted By:
Sean K. Hungerford
Sierra Club v. County of San Benito (2017 Cal. App. LEXIS 1987) In Sierra Club v. County of San Benito, a California court upheld the county’s use of a deed restriction, rather than insisting upon a conservation easement, as a mechanism to ensure t… Read More
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Categories: CEQA, Environmental, Land Use, Mitigation, Solar
Tags: CEQA, deed restriction, EIR, mitigation measures, solar

Grading Permit Ruled a Ministerial Act Beyond CEQA Although Limited Exercise of Discretion

Posted By:
Sean K. Hungerford
Sierra Club v. County of Sonoma (2017) Cal. App. LEXIS 375 In Sierra Club v. County of Sonoma, a California court declined consider the issuance of a grading permit to be an act subject to CEQA, despite that the ordinance gave County officials a degr… Read More
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Categories: Articles, CEQA, Environmental, Land Use, Water
Tags: CEQA, Discretionary Approval, erosion, Exemption, grading permit, Ministerial Act, permit, storm water, wetlands

Court Upholds CEQA Baseline Set By Historical Levels Of Refinery Operation

Posted By:
Sean K. Hungerford
In an unpublished decision, Communities for Better Environment v. South Coast Air Quality Management District, California’s Second Appellate District upheld the decision of an air district to issue a negative declaration for a project that expanded… Read More
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Categories: CEQA, Climate, Land Use
Tags: baseline, CEQA, Communities for Better Environment, piecemealing, production level
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