July 2006

By William W. Abbott
There is no middle of the road for Wal-Mart Stores. People are passionate on both sides, which includes the lawyers and consultants caught in the debate as it appears that Wal-Mart, as a single entity, generates more CEQA litigation than any other California applicant. Recent Wal-Mart litigation, Gilroy Citizens for Responsible Planning v. City of Gilroy (2006) 140 Cal.App.4th 911, illustrates the importance of the small details in CEQA litigation…
Continue Reading The Importance of the Mundane in CEQA Litigation: It’s All in the Details

By William W. Abbott
Unlike other areas of CEQA practice, there has been less frequent and less critical analysis of what constitutes a valid finding of infeasibility. The recent decision in San Diego v. Grossmont-Cuyamaca Community College District begins to shed light on what is likely to be a new chapter of CEQA challenges.
Continue Reading Mitigation Infeasibility: New Thinking on an Old Issue

By William W. Abbott

So what happens if you host an election party, and not enough people vote for an assessment? According to the California Attorney General, a community service district is not obligated to provide road maintenance services and snow removal to an existing zone within the district if the voters reject an increase…