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Arthur F. Coon is Chair Emeritus of Miller Starr Regalia’s Land Use Practice Group and Chair of its Appellate Practice Group. Art has distinguished…

Arthur F. Coon is Chair Emeritus of Miller Starr Regalia’s Land Use Practice Group and Chair of its Appellate Practice Group. Art has distinguished himself over a more than 30-year career as a top CEQA and land use law litigator at the trial and appellate levels of both federal and state courts, including an appearance as counsel of record before the U.S. Supreme Court. His areas of expertise include land use, environmental law, the law of public agencies, extraordinary writs, and the California Environmental Quality Act (CEQA).

First District Addresses Significant CEQA Issues Relating to Wildfire Risk, GHG Emissions, and Water Supply Impacts in Lake County Resort Development Case

December 16, 2024

On November 22, 2024, the First District Court of Appeal’s (Div. 4) partially-published opinion in People of the State of California ex rel. Bonta v. County of Lake (Lotusland Investment Holdings, Inc., et al. Real Parties in Interest) (2024) 105 Cal.App.5th 1222 (No. A165677) became final. The published part of the decision addresses several significant CEQA topic areas, including the adequacy of an EIR’s discussions of impacts related to a large rural resort development project’s wildfire risks and water supply impacts, and the propriety of a lead agency’s condition of approval imposing a carbon credit purchase obligation to potentially mitigate the project’s significant and unavoidable greenhouse gas (GHG) emissions in light of acknowledged uncertainty as to whether such credits would be available. (As a matter of disclosure, Respondent County of Lake was represented in the trial and appellate proceedings in this case by this post’s authors, Miller Starr Regalia attorneys Arthur Coon and Matthew Henderson.)

Sixth District Affirms Judgment Upholding Application of CEQA Guidelines Class 32 Infill Development Exemption To Project On Parcel Substantially Surrounded By Urban Uses In Small-Population City

November 21, 2024

Fight On! After Grant and Transfer, Second District Holds Upon Reconsideration that Resident Noise Does Not Preclude CEQA Class 32 Infill Exemption for USC Area Housing Development Project; But Also Holds City Must First Find Project Consistent With Redevelopment Plan Incorporated Into Zoning Before Granting Exemption

November 18, 2024

Down Another CEQA “Rabbit Hole”: Second District Upholds Project Description in Los Angeles County’s EIR For North Area General Plan and Zoning Update Against “Retroactive Instability” Challenge Based On Minor Change In Adopted Zoning Prohibiting New Vineyards; But Applies New Subjective Test De Novo and Outside Established Analytic Framework for Recirculation Challenges

November 4, 2024

In Writ Action Attacking Vesting Tentative Map Approval, Second District Holds Plaintiffs’ Failure to Comply With Subdivision Map Act Statute of Limitations’90-Day Service-Of-Summons Requirement Does Not Bar Major “Portion” of CEQA Cause of Action Alleging “Procedural Violations Unique to CEQA” And Other Claims That Could Not Be Brought Under Map Act

October 29, 2024

Delay Denied: First District Affirms Trial Court’s Denial of Seventh ADA Continuance Request Made In CEQA Case Under California Rules of Court, Rule 1.100, Due To Burden On Trial Court’s Docket Management And Excessive Delay Contrary To Fundamental Nature of Expedited CEQA Proceeding

October 28, 2024

Third Time’s the Charm: Third District Crowns State the Winner By Legislative Decree In Third Published CEQA Decision Arising From Capitol Renovation Project

October 14, 2024

First District Denies Rehearing, Modifies Opinion in CEQA Guidelines Class 1 Categorical Exemption Case With No Change in Judgment

October 8, 2024

Third District Holds That Lead Agency Prevailing In CEQA Action Can Recover Reasonable Record Preparation Costs Despite Petitioner’s Election to Prepare Record

October 8, 2024

Fifth District Affirms Judgment Rejecting CEQA/APA Challenges to CARB’s Approval of ZEV Truck Sales Mandate Regulation; Holds Alternatives and Mitigation Analyses Need Not Include Low-NOx Vehicle Credit Contrary to Project’s Underlying Fundamental Purpose

October 7, 2024

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Arthur F. Coon is Chair Emeritus of Miller Starr Regalia’s Land Use Practice Group and Chair of its Appellate Practice Group. Art has distinguished…

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First District Addresses Significant CEQA Issues Relating to Wildfire Risk, GHG Emissions, and Water Supply Impacts in Lake County Resort Development Case

Sixth District Affirms Judgment Upholding Application of CEQA Guidelines Class 32 Infill Development Exemption To Project On Parcel Substantially Surrounded By Urban Uses In Small-Population City

Delay Denied: First District Affirms Trial Court’s Denial of Seventh ADA Continuance Request Made In CEQA Case Under California Rules of Court, Rule 1.100, Due To Burden On Trial Court’s Docket Management And Excessive Delay Contrary To Fundamental Nature of Expedited CEQA Proceeding

Third Time’s the Charm: Third District Crowns State the Winner By Legislative Decree In Third Published CEQA Decision Arising From Capitol Renovation Project

First District Denies Rehearing, Modifies Opinion in CEQA Guidelines Class 1 Categorical Exemption Case With No Change in Judgment

Third District Holds That Lead Agency Prevailing In CEQA Action Can Recover Reasonable Record Preparation Costs Despite Petitioner’s Election to Prepare Record

Fifth District Affirms Judgment Rejecting CEQA/APA Challenges to CARB’s Approval of ZEV Truck Sales Mandate Regulation; Holds Alternatives and Mitigation Analyses Need Not Include Low-NOx Vehicle Credit Contrary to Project’s Underlying Fundamental Purpose

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