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.
Claims Against State Board and Regional Water Boards for Failure to Protect Against Agricultural Water Pollution Were Not Subject to Declaratory and Mandamus Relief
The court of appeal held that, in an action against the State Water Resources Control Board and regional water quality control boards for violations of the State Board's Nonpoint Source (NPS) Policy and the public trust doctrine for failure to protect against agricultural water pollution from crop irrigation, plaintiffs failed to state claims for which either declaratory or mandamus relief was
EIR For Martis Valley Project Near Lake Tahoe Rejected on Four Grounds But Wildfire Evacuation Analysis Complied with CEQA
EIR for Water Ditch to Pipeline Conversion Adequately Described Project and Analyzed Impacts to Resources
Action Challenging Restrictions on Short-Term Vacation Rentals Was Barred by 90-Day Statute of Limitations
No Further Environmental Review Needed for Subdivision That Was Consistent with Approved Specific Plan
32nd Annual Land Use and Development Law Briefing — Materials Available
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- Developments in Land Use Law
- Housing Legislation Update
- Real Estate Due Diligence
- CEQA -- Cases, Legislation and Trends
- Regulatory Compliance, Investigations and
2021 Land Use and Development Law Case Summaries
1. Planning and Zoning
CHEVRON v. COUNTY OF MONTEREY 70 Cal. App.
Board of Supervisors Decision on CUP Invalid for Failure to Act Within Time Limits Set by County Code
CEQA YEAR IN REVIEW 2021
A Summary of Published Appellate Opinions Under the California Environmental Quality Act
Introduction
The courts issued relatively few published CEQA decisions in 2021, with no California Supreme Court activity and no blockbuster court of appeal opinions. But two cases addressed topics of great current interest: wildfire and climate change impacts.
Coastal Commission Must Complete Environmental Review Under Its Certified Regulatory Program Before Approving Permit
The court of appeal found that the California Coastal Commission erred by approving a coastal development permit for a residential development before environmental review for the project had been completed. Friends, Artists and Neighbors of Elkhorn Slough v. California Coastal Commission, 2021 WL 5905714 (No. H048088, 6th Dist., December 14, 2021).
After 27 Years, Litigation Over the Monterey Agreement Comes to an End
An Invalid Negative Declaration Can’t be Cured by Preparing a Limited EIR
Union Intervention in Case Properly Denied Where Inclusion Would Unduly Complicate Litigation
Courts may deny permissive intervention if there are already multiple parties in the case and the intervenor's interests will be adequately represented by other parties. South Coast Air Quality Management District v.
State Water Board Registrations of Small Water Diversions Are Ministerial and Exempt from CEQA