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.
Under CEQA Non-Prejudicial Errors Do Not Invalidate an EIR.
CEQA Review Not Required for Ballot Measure Requiring Competitive Bidding for City's Solid Waste Contracts
Can a Premature Notice of Exemption Trigger CEQA's Short Limitations Period?
Ninth Circuit Dismisses Federal Nuisance Claim Based on Global Warming
No Exception to the Exemption -- Installation of Small Wireless Telecom Equipment on Existing Utility Poles Throughout City is Exempt from CEQA
Ninth Circuit Emphasizes Deference to Federal Agencies under NEPA
City Suing School District Can Recover Attorneys’ Fees, But Loses Most CEQA Claims
Annual Operating Plans for Dam Operation Do Not Require Environmental Reviews
Court Upholds "Tributary Rule" But Leaves Open the Possibility of a Future Challenge
Background – Basins Plans, Beneficial Uses & the "Tributary Rule" The California Regional Water Quality Control Boards establish water quality standards under the Clean Water Act through the adoption of Basin Plans that identify the "beneficial uses" of the water bodies with their respective jurisdictions. The problem is that it is not possible for the Regional Water Boards to
Ninth Circuit Upholds Fish & Wildlife Service Regulations Against Environmentalists' Challenge
The Chukchi Sea off the North Slope of Alaska is a promising place for oil and gas development. But it's also home to polar bears and walruses. This clash of interests led to a lawsuit by two environmental groups against the Fish & Wildlife Service, decided by the Ninth Circuit in the Service's – and industry's – favor.
Can a Developer Unilaterally Impose an Arbitration Clause on a Condo Homeowners Association?
Decision on use of Future CEQA Baseline to be Reviewed by the Supreme Court
The California Supreme Court has decided to review the court of appeal decision in the Los Angeles Metro Line EIR case, the widely publicized decision in which the court of appeal upheld an EIR that used projected future conditions as the baseline fo
No Harm, No Foul—Petitioners Claiming Procedural Errors Must Prove Prejudice
It's not enough that litigants challenging planning and zoning actions prove that the city or county committed a procedural error. They also have to show the error was prejudicial, that it led to substantial injury, and that if the error had not occurred, a different result would have been likely.
EIR Required for Oak Woodland Management Plan