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.
CEQA Year In Review 2013
A Summary of Published Appellate Opinions Under CEQA By Steve Kostka, Barbara Schussman, Julie Jones, Marc Bruner & Christopher Tom
Existing Contamination On A Development Site Does Not Necessarily Trigger Preparation Of An EIR
Proposals to redevelop infill sites can often present difficult issues relating to how the potential effects of preexisting contamination should be evaluated under CEQA. In a recently published opinion, the court in Parker Shattuck Neighbors v Berkeley made it clear that, in the absence of real evidence a significant environmental impact might occur, the fact that a develop
County’s Application for State Funding Does Not Trigger CEQA
In December 2011, the Orange County Board of Supervisors passed a resolution authorizing the County to submit an application for $100 million in state funding to expand the James A. Musick Jail Facility to add over 500 beds. The City of Irvine, which sits adjacent to the jail, filed a lawsuit alleging that the County failed to comply with CEQA before submitting the application.
Criminal Penalties for Bird Deaths Caused by Wind Projects
High Hurdle for EIR Recirculation Claims Set by Appellate Court
Courts Have Discretion to Allow Agency Regulations Adopted in Violation of CEQA to Remain in Place Based on Their Environmental Benefits While Agency Takes Corrective Action
Comment Periods Open on New Fracking Regulations and Scope of Statewide EIR
Court Rejects Claim That New General Plan Housing Element Requires New EIR
Does An EIR Have To Be Certified By A City’s Decision-Making Body?
Ninth Circuit Rules that Plaintiffs Lack Standing to Compel State Agencies to Regulate Greenhouse Gas Emissions
Do environmental groups have standing to sue to force state agencies to regulate greenhouse gas emissions under the Clean Air Act? In a case decided on October 17, the Ninth Circuit said no. Washington Environmental Councilv.
California Supreme Court Makes It Easier To Challenge Local Affordable Housing Requirements
Ninth Circuit Clarifies Standards For Housing Discrimination Claims
EPA Publishes Draft Scientific Report To Support Significant Expansion of Clean Water Act Jurisdiction
Ninth Circuit Moves Low Carbon Fuel Regulations Closer to Validation
California Supreme Court To Hear San Jose Affordable Housing Case.
The California Supreme Court has granted a petition by the California Building Industry Association for review of an appellate court's decision upholding a San Jose affordable housing ordinance. The court of appeal found the ordinance to be a valid exercise of the City's police powers, reversing a lower court ruling that the city had not shown a reasonable relationship between