California Land Use & Development Law Report
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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.
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December 17, 2015

CEQA Requires An Analysis Of The Project’s Impacts On The Environment, Not The Environment’s Impacts On The Project; California Supreme Court Sets Clear Limits On CEQA's Reach

 CEQA generally does not require that public agencies analyze the impact existing environmental conditions might have on a project's future users or residents, according to the California Supreme Court's decision in California Building Industry Association v Bay Area Air Quality Management District (S213478, December 17, 201 View blog post
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December 17, 2015

Court Rebuffs CEQA Challenge to Subway Tunnel Under Beverly Hills High

 Beverly Hills and its school district have failed to persuade the court of appeal to block construction of a subway line beneath Beverly Hills High School. Beverly Hills Unified School District v. Los Angeles County Metropolitan Transportation Authority, 241 Cal. App. 4th 627 (2015). View blog post
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December 4, 2015

Complex New Requirements for CEQA Analysis of Greenhouse Gas Emissions Set by Supreme Court

 Newhall Ranch, a proposed mega-development in Los Angeles County, can't seem to catch a break: besieged by setbacks since Newhall Land first filed an application to develop the land in 1994, the project has been the subject of over twenty-one public hearings and several law suits over its more than twenty year history. View blog post
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October 20, 2015

Historical Level Of Use May Serve As CEQA Baseline For Replacement Of Vacant Building

 The California Court of Appeal's Fourth Appellate District's recent decision, North County Advocates v. City of Carlsbad is a potentially major decision on the issue of using historical levels of operations as the baseline for gauging the environmental impacts of a proposed project under CEQA. View blog post
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October 14, 2015

Losing Plaintiff Cannot Recover Legal Fees

 Commenting that "we have not found a threat of victory in this record," the court of appeal ruled against a citizens' group that brought a motion for attorneys' fees after losing a CEQA challenge in the trial court. View blog post
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October 13, 2015

Court of Appeals Issues Nationwide Stay of New Clean Water Act Rules

 A federal court of appeals has blocked implementation of new Clean Water Act rules adopted by the EPA and Army Corps of Engineers. U.S. Environmental Protection Agency v. Ohio et. al., No. View blog post
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October 12, 2015

Condemnation Does Not Result in Subdivision of Remaining Property under Map Act

 A recent Court of Appeal decision, Save Mt. Diablo v. Contra Costa County, No. View blog post
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September 22, 2015

Risks to Open Space Designated in General Plan’s Open Space Element a Valid Ground for Denying Application to Subdivide a Mobilehome Park

A city may deny a proposed mobilehome park subdivision that is inconsistent with the open space element of its general plan, according to the recent court of appeal decision in Carson Harbor Village, Ltd. v. City of Carson, No. B25011 ( Second Dist. August 21, 2015.)

 View blog post
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September 18, 2015

$9 Billion School Bond Measure Headed for November 2016 Ballot

 Almost a decade has passed since California last authorized a statewide school bond to build new schools and modernize existing schools. View blog post
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September 18, 2015

Building Industry Seeks U.S. Supreme Court Review of San Jose Affordable Housing Case

 The California Building Industry Association has filed a petition for View blog post
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September 16, 2015

Ninth Circuit Blocks EPA Approval of Controversial Pesticide

A federal appellate court has invalidated the U.S.

 View blog post
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September 8, 2015

California Supreme Court Sets Oral Argument in Key CEQA Case

 The California Supreme Court has announced that the oral argument in California Building Industry Association v. View blog post
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September 5, 2015

Failure to Make Findings Specified in Mitigation Fee Act Requires Refund of All Unexpended Development Fees

 The Fourth District Court of Appeal has upheld an order requiring refund of over $10 million in accumulated development impact fees because the City's findings "were mere conclusions, not the specific findings required under the [Mitigation Fee] Act." View blog post
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August 28, 2015

Federal Court Blocks Enforcement of New Clean Water Act Rule

 The U.S. View blog post
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August 21, 2015

Court Rejects “Gotcha” Theory of Waiver Under Public Records Act

 Update:  After granting review and holding the Newark case (below) pending its decision in Ardon v. View blog post
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