Posts Tagged ‘Andrea Matarazzo’

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NEPA Does Not Require Supplemental Analysis of a Final Decision that Makes Only Minor Changes and is within the Range of Alternatives Discussed in the Draft EIS.   Russell Country Sportsmen v. U.S. Forest Service [Ninth Circuit No. 10-35623, filed October 12, 2011] By Andrea A. Matarazzo This recent opinion of the Ninth Circuit Court of Appeals deals with the adequacy of the Forest Service’s NEPA compliance ...

Community Water Coalition Loses Bid to Halt U.C. Santa Cruz Housing Expansion Based on LAFCO Process   Community Water Coalition v. Santa Cruz County Local Agency Formation Commission [Sixth Appellate District No. H036616, filed November 18, 2011] By Andrea A. Matarazzo The University of California Santa Cruz (UCSC) filed an application with the Santa Cruz Local Agency Formation Commission (LAFCO), requesting approval of an agreement between it ...

U.S. Army Corps of Engineers Issues Considerations for Case-by-Case Determination of Compensatory Mitigation Ratios for 404 Permits By Andrea A. Matarazzo The Sacramento District of the U.S. Army Corps of Engineers has issued its “Public Notice of Compensatory Mitigation Considerations” – a summary of factors and criteria the Corps will use in an effort “to improve consistency and better document its decisions for determining ...

California’s Anti-NIMBY Statute Protects All Residential Development Projects, Not Just Affordable Housing Honchariw v. County of Stanislaus [Fifth Appellate District No. F060788, filed November 14, 2011] By Andrea A. Matarazzo Sometimes referred to as the “Anti-NIMBY[1] law,” California’s Housing Accountability Act (Government Code section 65589.5) limits the ability of cities and counties to reject proposed housing development projects that are consistent with local plans and zoning regulations.  ...

AB 320 Shifts Burden of Naming Real Parties in Interest from CEQA Petitioners to Lead Agencies By Andrea A. Matarazzo A new law signed last month by Governor Brown will make it easier for CEQA litigants to avoid a procedural mistake that can cost them their day in court. Plaintiffs in civil cases typically bear the burden to determine whom to sue for the relief they ...

CEQ Undertakes Two Additional Pilot Projects Aimed to Improve Efficiency of NEPA Review     By Andrea A. Matarazzo The Council on Environmental Quality (“CEQ”) recently announced two new projects as National Environmental Policy Act (“NEPA)” pilot efforts under an initiative launched earlier this year seeking ideas for innovative ways to increase efficiency of federal environmental review.  The CEQ has selected ...

California Coastal Commission’s “Substitute Document” Prepared Under Its Certified Regulatory Program Satisfied CEQA for Amendment to Local Coastal Plan Ross v. California Coastal Commission [Second Appellate District No. B225796; filed September 9, 2011] By Andrea A. Matarazzo The California Coastal Commission was established by voter initiative in 1972 (Proposition 20) and later made permanent by the Legislature through adoption of ...

Federal Aviation Administration Failed to Take NEPA’s Requisite “Hard Look” at Whether a New Runway Had Indirect Effects Due to Increased Demand for Airport Operations Barnes v. United States Department of Transportation [9th Cir. No. 10-70718; filed 8/25/11] By Andrea A. Matarazzo Petitioners challenged an order of the Federal Aviation Administration (“FAA”) approving construction of a new runway at Hillsboro Airport ...

Developers' Abandonment of Project and City's Rescission of Approval Rendered Judgment Moot for Purposes of Appeal Coalition for a Sustainable Future in Yucaipa v. City of Yucaipa [No. E047624; filed 8/25/11] By Andrea A. Matarazzo Coalition for a Sustainable Future in Yucaipa (“Coalition”) appealed from a trial court judgment denying its petition for writ of mandate.  The petition challenged ...