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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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February 1, 2016

Governor’s Office Moves One Step Closer to Eliminating Automobile Delay as a Significant CEQA Impact

On January 20, 2016, the Governor's Office of Planning and Research released a revised draft of proposed new CEQA Guidelines to replace automobile congestion-based thresholds for evaluating transportation impacts with thresholds that emphasize proximity to transit and a reduction in vehicle miles traveled (VMT) on a per capita or per employee basis. SB 743, passed by the Legislature in 2013, requ

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January 13, 2016

Agency’s CEQA Analysis Must Consider the Project’s Long-Term Impacts

The Third Appellate District's opinion in North Coast Rivers Alliance v. A.G.

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December 30, 2015 CEQA

CEQA YEAR IN REVIEW 2015

A Summary of Published Appellate Opinions Under the California Environmental Quality Act

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December 17, 2015

CEQA Requires An Analysis Of The Project’s Impacts On The Environment, Not The Environment’s Impacts On The Project; California Supreme Court Sets Clear Limits On CEQA's Reach

CEQA generally does not require that public agencies analyze the impact existing environmental conditions might have on a project's future users or residents, according to the California Supreme Court's decision in California Building Industry Association v Bay Area Air Quality Management District (S213478, December 17, 2015).

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December 17, 2015

Court Rebuffs CEQA Challenge to Subway Tunnel Under Beverly Hills High

Beverly Hills and its school district have failed to persuade the court of appeal to block construction of a subway line beneath Beverly Hills High School. Beverly Hills Unified School District v. Los Angeles County Metropolitan Transportation Authority, 241 Cal. App. 4th 627 (2015).

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December 4, 2015

Complex New Requirements for CEQA Analysis of Greenhouse Gas Emissions Set by Supreme Court

Newhall Ranch, a proposed mega-development in Los Angeles County, can't seem to catch a break: besieged by setbacks since Newhall Land first filed an application to develop the land in 1994, the project has been the subject of over twenty-one public hearings and several law suits over its more than twenty year history.

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October 20, 2015

Historical Level Of Use May Serve As CEQA Baseline For Replacement Of Vacant Building

The California Court of Appeal's Fourth Appellate District's recent decision, North County Advocates v. City of Carlsbad is a potentially major decision on the issue of using historical levels of operations as the baseline for gauging the environmental impacts of a proposed project under CEQA.

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October 14, 2015

Losing Plaintiff Cannot Recover Legal Fees

Commenting that "we have not found a threat of victory in this record," the court of appeal ruled against a citizens' group that brought a motion for attorneys' fees after losing a CEQA challenge in the trial court.

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October 13, 2015

Court of Appeals Issues Nationwide Stay of New Clean Water Act Rules

A federal court of appeals has blocked implementation of new Clean Water Act rules adopted by the EPA and Army Corps of Engineers. U.S. Environmental Protection Agency v. Ohio et. al., No.

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October 12, 2015

Condemnation Does Not Result in Subdivision of Remaining Property under Map Act

A recent Court of Appeal decision, Save Mt. Diablo v. Contra Costa County, No.

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September 22, 2015

Risks to Open Space Designated in General Plan’s Open Space Element a Valid Ground for Denying Application to Subdivide a Mobilehome Park

A city may deny a proposed mobilehome park subdivision that is inconsistent with the open space element of its general plan, according to the recent court of appeal decision in Carson Harbor Village, Ltd. v. City of Carson, No. B25011 ( Second Dist. August 21, 2015.)

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September 18, 2015

$9 Billion School Bond Measure Headed for November 2016 Ballot

Almost a decade has passed since California last authorized a statewide school bond to build new schools and modernize existing schools.

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September 18, 2015

Building Industry Seeks U.S. Supreme Court Review of San Jose Affordable Housing Case

The California Building Industry Association has filed a petition for

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September 16, 2015

Ninth Circuit Blocks EPA Approval of Controversial Pesticide

A federal appellate court has invalidated the U.S.

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September 8, 2015

California Supreme Court Sets Oral Argument in Key CEQA Case

The California Supreme Court has announced that the oral argument in California Building Industry Association v.