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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August 18, 2015

District Court Strikes 30-Year Eagle Take Rule

 The U.S. District Court for the Northern District of California has invalidated the U.S. View blog post
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August 12, 2015

Supplement to Curtin’s California Land Use and Planning Law (34th Ed.) Available as Free Download

 The 2015 Supplement to the 34th edition of Curtin's California Land Use & Planning Law is being made available as a free download on Solano Press.  It can be accessed here: Supplement -- Curti View blog post
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August 4, 2015

A State Agency’s Duty To Mitigate Significant Environmental Impacts Does Not Depend On A Legislative Appropriation Of Funds For Mitigation

The California State University system may not condition its funding of mitigation for off-site impacts of a campus expansion project on receipt of a legislative appropriation earmarked for that purpose, according to a decision issued yesterday by the California Supreme Court.

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July 30, 2015

Building Industry Challenges Public Art Requirements

 The Building Industry Association of the Bay Area has filed a lawsuit in federal court in the Northern District of California challenging the City of Oakland's recent adoption of a public art ordinance on constitutional grounds. The challenged Ordinance requires deve View blog post
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July 28, 2015

If At First You Succeed, Don't Try, Try, Try Again

The Fifth District Court of Appeal has confirmed that the 90-day statute of limitations under the Subdivision Map Act includes takings claims arising out of Map Act decisions. Honchariw v.

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July 27, 2015

The Importance of Independence: The Ninth Circuit Provides Helpful Clarification on Connected Actions in the Energy Project Development Context

 The Ninth Circuit Court of Appeals has held that a right-of-way for an access road over Bureau of Land Management (BLM) land to connect a wind project to a state highway did not trigger formal consultation under the Endangered Species Act because the proposed access road would not have significant impacts to the environment. View blog post
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July 24, 2015

EIR Comments Should Improve The Environmental Review Process, Not Derail It

 CEQA guidelines require only that a lead agency give detailed responses to comments that identify an important new matter not discussed in the draft environmental impact report or raise questions about a significant environmental issue, the Fourth District Court of Appeal ruled, allowing Orange County to proceed with a long-considered expansion of a county jail. View blog post
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June 30, 2015

Supreme Court Invalidates EPA Pollution Standards

 The Supreme Court has struck down the Environmental Protection Agency's rule limiting the amount of mercury and air toxics emitted by coal- and oil-fired power plants, finding that the agency acted unreasonably in failing to consider the cost of the regulation.  View blog post
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June 26, 2015

Court Defers to San Diego’s Approval of Bridge in Balboa Park

 Giving a green light to construction of a new bridge in the historic Balboa Park, a court has reaffirmed a city's discretion to interpret and apply its own general plan and zoning ordinances notwithstanding conflicts with specific general plan policies protecting historic resources. View blog post
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June 24, 2015

Don’t Bank On It: Court of Appeal Takes Issue with City’s Development Prohibition

 A city cannot prohibit development on more than one-third of an otherwise developable site in anticipation of future condemnation of that portion of the property. Such a restriction denies the landowner all economically beneficial use of the restricted land and constitutes a taking requiring just compensation. View blog post
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June 17, 2015

“True Lease” Required for Lease-Leaseback Exemption from Public Bidding

 In a decision that may imperil many pending school construction transactions, the Fifth District Court of Appeal has held that, to qualify for exemption from public bidding, a lease-leaseback transaction must include "a financing component" and a "genuine lease" that provides for school district use of the facilities during the lease term. View blog post
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June 16, 2015

California Supreme Court Broadly Construes Municipal Power to Enact Affordable Housing Measures

 In a case closely watched by home builders, low-income housing advocates, and cities and counties throughout the state, the California Supreme Court has strongly endorsed inclusionary housing ordinances, ruling that they are legally permissible as long as it can be shown the ordinance is reasonably related to the public welfare. View blog post
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June 1, 2015

Controversial Clean Water Act Rule Published

 The Environmental Protection Agency and Army Corps of Engineers published a final rule on May 27, 2015 to redefine the critically important term "Waters of the United States" under the federal Clean Water Act.
  • The rule explains the agencies' jurisdiction with respect to "tributaries" and "adjacent" waters and comes amidst considerable debate over where to draw the lines of federal permit
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May 27, 2015

Fish and Wildlife Service Launches Regulatory Initiative on Migratory Bird Incidental Take

 For the first time since the Migratory Bird Treaty Act was enacted in 1918, the federal government is proposing a permit system to authorize the incidental take of the more than 1,000 species of migratory birds.
  • The Migratory Bird Treaty Act is strict liability criminal law, and it has been the subject of several recent high-profile enforcement actions against energy project developers.
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May 25, 2015

Vesting Rights Restrictions of Subdivision Map Act Do Not Bind Water District

 A water district is not subject to the same vesting rights as a local agency under the Subdivision Map Act. Thus, the Subdivision Map Act does not restrict a municipal utility district's authority to require an easement as a condition of providing water service to a residential lot on a newly-subdivided parcel. Tarbet v. View blog post
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