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Sixth District Reverses Writ, Upholds Responsible Agency Monterey County's Approval of Desalination Plant In Reliance on CPUC's EIR For Multi-Component, Cross-Jurisdictional Water Supply Project; Court Rejects CEQA Challenges Based On County's Decision Not to Prepare Subsequent EIR and Allegedly Inadequate Statement of Overriding Considerations | Miller Starr Regalia

In an opinion originally filed on September 8, and subsequently modified and certified for partial publication on October 4, 2023, the Sixth District Court of Appeal reversed the trial...
United States City Of Newport Beach Monterey County City Of Berkeley Carmel River City Of Marina

First District Affirms Judgment Upholding UCSF's EIR for Long-Range Development Plan Substantially Increasing Parnassus Heights Campus Development Against Numerous CEQA Challenges | Miller Starr Regalia

In a partially published opinion filed September 20, 2023, the First District Court of Appeal (Div. 3) affirmed the Alameda County Superior Court’s judgments denying writ petitions in...
United States Yerba Buena Alameda County City Of Oakland City Of Santa Cruz City Of Marina

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Supreme Court Denies Review of California Appeals Court Ruling that State Water Board's Duty to Prevent Waste and Unreasonable Use of Water is "Highly Discretionary" | Downey Brand LLP

On February 27, 2023, in a much anticipated decision, California’s Second District Court of Appeal overruled the trial court by determining that the State Water Resources Control Board...
Los Angeles United States Los Angeles Waterkeeper Second District Appeals Court Second District Court Decision California Second District Court

CEQA Writ Simple: Fourth District Holds Trial Court Erred In Retaining Continuing Jurisdiction And Not Discharging Peremptory Writ That Ordered Only Set Aside Remedy Where Lead Agency's Return Demonstrated Full Compliance | Miller Starr Regalia

In an opinion filed July 19, and ordered published on August 9, 2023, the Fourth District Court of Appeal (Div. 1) reversed a trial court order denying the City of San Diego’s (City)...
Los Angeles Ballona Wetlands Land Fourth District Court Miller Starr San Diego Mitigated Negative Declaration

County's ban on drilling for oil, natural gas struck down by California Supreme Court

SAN FRANCISCO (Legal Newsline) - An ordinance banning oil and gas drilling within Monterey County that passed with 56% of the vote is preempted by state law promoting the production of underground hydrocarbons, the California Supreme Court ruled, rejecting comparisons to earlier decisions allowing municipalities to prohibit drilling in certain areas or ban marijuana dispensaries entirely.
United States City Of Riverside Monterey County California Supreme Court Legal Newsline Public Resources Code

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