Blogs

tree in grassy meadow

California Land Use & Development Law Report

California Land Use & Development Law Report offers insights into legal issues relating to development and use of land and federal, state and local permitting and approval processes.

Subscribe

Placeholder image

June 29, 2017

CEQA Action Challenging Oil Well Permits Not Barred By Res Judicata

The court of appeal held that the doctrine of res judicata (which precludes relitigation by the same parties of issues previously adjudicated on the merits) does not apply when a prior judgment was based on mootness and ripeness grounds because it is not a judgment on the merits.

Placeholder image

June 28, 2017

Ninth Circuit Upholds Biological Opinion for Silver State South Solar Project in Nevada

In Defenders of Wildlife v. Zinke, the Ninth Circuit upheld the Biological Opinion prepared by the U.S.

Placeholder image

June 27, 2017

Tie Vote Decision Resulting in Upholding Permit Approval was Subject to Challenge Under CEQA

The court of appeal rejected a claim that a tie vote of the air quality management district's hearing board resulted in "no action" and hence was not subject to judicial challenge.

Placeholder image

June 19, 2017

An Attorney Fee Award Is Not Available To A Project Proponent That Successfully Defends A Challenge To Project Approvals Unless The Lawsuit Was Detrimental To The Public Interest.

A project sponsor can successfully defend an action brought to challenge a permit for its project, and satisfy the standards in Code of Civil Procedure section 1021.5 for an award of attorneys' fees, but still have its fee claim rejected, if the court concludes the aim of the lawsuit was to protect, rather than curtail, important public rights, according to the decision in Save Our Heritage Or

Placeholder image

June 16, 2017

Court of Appeal Rejects CEQA Piecemealing Challenge to County’s “Zoning Modernization” Ordinances

The court in Aptos Council v. County of Santa Cruz (6th District, No.

Placeholder image

June 15, 2017

Court Finds CARB's New Analysis of Biodiesel Low Carbon Fuel Regulations Still Doesn’t Comply With CEQA But Leaves Current Regulations In Place Pending Compliance

In 2013, the fifth district court of appeal ruled that the California Air Resources Board violated CEQA when it adopted its 2009 Low Carbon Fuel Standard regulations, and the court directed issuance of a writ of mandate requiring that CARB take corrective action. The court allowed the LCFS regulations to remain in effect while CARB completed a new CEQA anal

Placeholder image

June 13, 2017

A Project Is Not Discretionary If the Agency Lacks Authority to Require Mitigation

In Sierra Club v.

Placeholder image

June 1, 2017

Fair Argument Test Applies To Agency Determination Whether Subsequent CEQA Review Is Required Once A Negative Declaration Has Been Adopted

This court of appeal decision was issued upon remand for further proceedings after a California Supreme Court decision in which the court considered the standard of review that applies when an agency makes significant changes to a project that was originally approved based on a negative declaration and determines that no further environmental review is required.

Placeholder image

April 28, 2017

Appellate court upholds approval of master-planned community against multiple CEQA challenges

The court of appeal upheld the County of Riverside's decision to approve development of a master-planned community, rejecting claims that the County violated CEQA by (1) filing an inadequate notice of determination; (2) failing to recirculate the final EIR after the project was modified; and (3) failing to consider and adopt feasible air quality mitigation measures.

Placeholder image

April 25, 2017

Findings supporting an agency’s administrative decision may mirror statutory language

Findings in a city council resolution that recite language in the city's municipal code may be sufficient to demonstrate the reasoning supporting the council's decision. Young v.

Placeholder image

April 16, 2017

Court of Appeal, in split decision, upholds CARB cap-and-trade program

In a 2-1 decision, the Court of Appeal upheld the California Air Resources Board's cap-and-trade program for greenhouse gas allowances. California Chamber of Commerce v. State Air Resources Board, No.

Placeholder image

April 5, 2017

Delisting petition may challenge original listing of endangered species based upon new evidence

The California Supreme Court has ruled that, under the California Endangered Species Act, a plaintiff may use a delisting petition to challenge the original decision by the California Fish and Game Commission to list an endangered species—even in the absence of changes occurring after the original listing of the species.

Placeholder image

April 5, 2017

Dispute over applicability of HOA tree-trimming requirements was an “issue of public interest” sufficient to trigger protections of anti-SLAPP statute

A homeowner who invoked his HOA's dispute resolution process regarding tree-trimming requirements and was sued by another homeowner based on that application could successfully bring an anti-SLAPP motion on the ground that the suit interfered with exercise of First Amendment rights.

Placeholder image

April 5, 2017

New Ethics and Campaign Contribution Rules Enacted in San Francisco

San Francisco voters enacted a measure, Proposition T, that makes significant changes to the city's rules governing gifts and campaign contributions to city officers, elected officials and candidates.

As the City of San Francisco broadly defines the term "lobbyist" to include individuals and companies that spend to encourage the public to communicate with city officials, Proposition T w

Placeholder image

March 31, 2017

California Supreme Court Holds City EIR Must Identify and Analyze Potential Environmentally Sensitive Habitat Areas Under the Coastal Act

A local agency's environmental impact report must identify any areas on a project site that might qualify as "Environmentally Sensitive Habitat Areas" under the California Coastal Act, and must account for those areas in the EIR's analysis of project alternatives and mitigation measures.