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Results 1 - 9 of 9 for "u:jdsupra.com" in San Diego, CA

  1. State Agencies Cannot Use State Budgetary Uncertainties to Escape Mitigation Obligations under CEQARead the original story w/Photo

    Thursday Aug 20 | JD Supra

    The California Supreme court determined the California State University could not rely solely on earmarked appropriations from the State Legislature for payment of "fair share" mitigation fees the CSU determined necessary for full mitigation of impacts, and the absence of specific legislative appropriations for mitigation fees did not render payment of mitigation fees infeasible. On August 3, 2015, the California Supreme Court filed its decision in City of San Diego v.

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  2. Cal State University Cannot Avoid Off-Site Traffic Mitigation...Read the original story w/Photo

    Thursday Aug 6 | JD Supra

    Why It Matters: The California Supreme Court has clarified language from its prior decision in City of Marina v. Board of Trustees of California State University 39 Cal.4th 341 by concluding that a state agency that has an obligation to make fair-share payments to mitigate off-site traffic impacts of a proposed project does not satisfy its duty to mitigate under CEQA simply by stating that it has sought funding from the Legislature to pay for such mitigation, and if funding is not provided, the impact would remain significant and unavoidable.

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  3. California Supreme Court Holds that State Agencies May Not Escape...Read the original story w/Photo

    Thursday Aug 6 | JD Supra

    In a decision that enhances the ability of local interests to obtain mitigation funds from state agencies, the California Supreme Court held that the California Environmental Quality Act requires the Board of Trustees of the California State University to mitigate the cumulative traffic impacts of a campus expansion project where the Legislature had not appropriated funds to pay for the traffic mitigation. ___ Cal.4th ___.) The decision makes it difficult for state agencies to refuse to contribute to regional fair-share mitigation programs on the grounds that the Legislature failed to appropriate funds for the mitigation.

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  4. CEQA Alert: California Supreme Court Clarifies Duties of State...Read the original story w/Photo

    Wednesday Aug 5 | JD Supra

    On August 3, the California Supreme Court released its second CEQA decision of 2015, addressing a key issue for state agencies undertaking projects that require off-site environmental mitigation. In City of San Diego v.

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  5. State Agencies Cannot Declare Mitigation of Project Impacts...Read the original story w/Photo

    Wednesday Aug 5 | JD Supra

    A public agency may not rely solely on a request to the Legislature to appropriate funding to mitigate a project's adverse environmental impacts and conclude that mitigation is infeasible because the funding cannot be guaranteed, according to the California Supreme Court's August 3, 2015, opinion in City of San Diego v. Board of Trustees of the California State University .

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  6. The "Old College Try" Flunks Out: California Supreme...Read the original story w/Photo

    Wednesday Aug 5 | JD Supra

    In an August 3, 2015 decision that impacts the California State University's plans to expand its campuses across the state, the California Supreme Court has rejected CSU's arguments that mitigation of its projects' off-site impacts through the payment of "fair share" fees is legally infeasible unless the Legislature appropriates funding specifically earmarked for that purpose. City of San Diego, et al. v.

    Comment?

  7. Renewable Energy Update - July 2015 #2Read the original story w/Photo

    Jul 20, 2015 | JD Supra

    After hearing pleas from more than a dozen Antelope Valley residents, the Los Angeles County Board of Supervisors took preliminary steps Tuesday to ban utility-scale wind turbines in unincorporated areas of the county. The supervisors unanimously approved a draft Renewable Energy Ordinance that updated permitting and regulations on small-scale wind and solar projects and utility-scale solar projects.

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  8. Fourth District Upholds San Diego's Balboa Park Revitalization...Read the original story w/Photo

    Jun 30, 2015 | JD Supra

    In a published decision filed May 28, 2015, the Fourth District Court of Appeal reversed that part of the trial court's judgment granting a writ of mandate and otherwise affirmed the judgment, thus upholding the City of San Diego's Balboa Park revitalization project against various land use law and CEQA challenges. Save Our Heritage Organization v.

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  9. Renewable Energy Update - February 2015Read the original story w/Photo

    Feb 10, 2015 | JD Supra

    President Obama just unveiled a $3.99 trillion budget for 2016 that asks Congress for a permanent extension of tax credits for the solar and wind industry. Although the Republican-controlled Senate and House will not approve this budget or enact permanent extensions of the tax credits, the proposal signals that the administration will support some preservation of the solar Investment Tax Credit and the wind power Production Tax Credit .

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