California Land Use & Development Law Report
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.
MOU Allocating Responsibility for Development of Groundwater Management Plan Not a Project Under CEQA
Uncertainty About an Agency’s Discretion to Determine Historical Significance for Purposes of CEQA Is Finally Put to Rest
Resolving a long-standing debate, the court in Friends Of The Willow Glen Trestle v. City Of San Jose (H041563), 6th Dist. Aug. 12, 2016, ruled that San José's determination that a railroad trestle bridge was not a historic resource was to be evaluated under the substantial evidence standard of review.
City’s Attempt to Use Emergency Ordinance to Scuttle Unpopular Project Violates Developer’s Vested Right
In Stewart Enterprises Inc., v. City of Oakland (2016) 248 Cal.App.4th 410 the court of appeal provided important clarification on the limits of a local agency's ability to use an emergency ordinance to reach back and prohibit a previously-approved project.
Bay Area Air Quality Management District's CEQA Guidelines on Pollution Impacts to Project Occupants and Users Are Invalid
California Supreme Court Reforms Precondemnation Entry and Testing Statutes to Allow for Jury Determination of Damages
Neighbors’ Personal Stake In Preserving Local Parking Regulations Precluded Finding Of Public Interest
General Plan’s Size Ranges for Shopping Centers a “Flexible” Policy, Not a Rigid Mandate
EIR’s Energy Impacts Analysis Fails To Satisfy CEQA’s Requirements
In Ukiah Citizens for Safety First v. City of Ukiah, 248 Cal.App.4th 256 (2016) the First District Court of Appeal concluded that the City of Ukiah's EIR for a proposed Costco failed to satisfy CEQA's requirements for evaluating energy impacts.
Loss of View is Not a Taking, Even in Beverly Hills
Failure to Discover An Agency’s Approval Of An Exempt Project Does Not Extend The Time To File CEQA Lawsuit
General Plan Sustainability Requirements Doom Wal-Mart Project
Finding a variety of legal errors, including failure to comply with a city policy requiring on-site electricity generation "to the maximum extent feasible," a court of appeal has overturned the City of Victorville's approvals for a Wal-Mart project.
Public/Private Partnerships: New Guidance on Designating the CEQA Lead Agency
Fish and Wildlife Service Agrees to Deadline for Monarch Butterfly Listing Decision
How Developers Can Help Save the Monarch Butterfly (and Why They Should)
A Monarch Butterfly fee