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.
Categorical Exemptions Under CEQA -- California Supreme Court Grants Review of Another Case Involving the Unusual Circumstances Exception
In a recent case decided by the Third District Court of Appeal the court upheld the use of a CEQA exemption for a proposed rodeo at a county fairground despite claims it would pollute a nearby creek. Citizens for Environmental Responsibility v. State of California ex rel. - 14th Dist.
Lack of Prejudice Barred Relief Despite Defective Hearing Notice
An opponent of a Wal-Mart project was thwarted in his attempts to use an admittedly defective hearing notice as a basis for overturning project approvals. The court ruled that his claims were defeated by his failure to present evidence of prejudice and by a prior appellate decision. Roberson v. City of Rialto, No. E058187 (4th Dist.
Santa Cruz Becomes First County to Ban Fracking
Santa Cruz County has become the first California county to permanently ban the controversial oil and gas drilling technique known as fracking. By a 5-0 vote, the Board of Supervisors this week amended its General Plan to prohibit all facilities for oil and gas exploration and development within the unincorporated County.
Categorical Exemptions Under CEQA -- The Latest on the Unusual Circumstances Exception
Finally, a CEQA case about rodeos.
Conditions of Approval: "No Do-Overs" On A Condition The Landowner Failed To Challenge When First Imposed.
A landowner's attack on a condition of approval of a development permit was barred by the landowner's failure to contest the same condition when it was imposed on an earlier permit, according to a recent court of appeal decision. Bowman v California Coastal Commission, B243015 (2d Dist 2014).
National Climate Assessment Report Released
Department of Water Resources Must File Condemnation Case Before Undertaking Geological and Environmental Testing on Private Property
Greenhouse Gas and Climate Change Impacts: CEQA Practice Tips
The analysis of climate change impacts under CEQA has rapidly evolved over the last several years. For this reason and others, nearly every challenge to an environmental impact report today features an attack on the EIR's analysis of greenhouse gas emissions.
Perkins Coie Housing Summit: 30,000 Homes by 2020.
On Tuesday April 9, Perkins Coie hosted "Housing Summit: 30,000 Homes by 2020," the Mayor's housing plan to build more housing and to make San Francisco housing affordable. The Housing Summit was held at International Hotel Senior Housing Project, an important symbol of the City's historic housing struggles and a reminder of how affordable housing can be built.
Court Dismisses NEPA Claims in Transit Project Challenge
EPA and Army Corps of Engineers Release Proposed Rule on the Scope of Waters Covered Under the Clean Water Act
Highway 101 EIR Felled by Redwoods
Requiring dedication of overflight easement as condition to issuance of building permits does not constitute an unconstitutional exaction
A recent California Court of Appeal decision considered the argument that a county requiring property owners to dedicate an overflight easement as a condition to issuance of a building permit was an unconstitutional exaction.
Challenge To Annexation Dismissed Due To Failure To Comply With Required Procedures
CEQA and other claims challenging a completed annexation were dismissed because they had not been brought in a reverse validation proceeding. Protect Agricultural Land v. Stanislaus County Local Agency Formation Commission (No. F066544, 1/28/14)