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.
Failure to Make Findings Specified in Mitigation Fee Act Requires Refund of All Unexpended Development Fees
Federal Court Blocks Enforcement of New Clean Water Act Rule
Court Rejects “Gotcha” Theory of Waiver Under Public Records Act
District Court Strikes 30-Year Eagle Take Rule
Supplement to Curtin’s California Land Use and Planning Law (34th Ed.) Available as Free Download
A State Agency’s Duty To Mitigate Significant Environmental Impacts Does Not Depend On A Legislative Appropriation Of Funds For Mitigation
The California State University system may not condition its funding of mitigation for off-site impacts of a campus expansion project on receipt of a legislative appropriation earmarked for that purpose, according to a decision issued yesterday by the California Supreme Court.
Building Industry Challenges Public Art Requirements
If At First You Succeed, Don't Try, Try, Try Again
The Fifth District Court of Appeal has confirmed that the 90-day statute of limitations under the Subdivision Map Act includes takings claims arising out of Map Act decisions. Honchariw v.
The Importance of Independence: The Ninth Circuit Provides Helpful Clarification on Connected Actions in the Energy Project Development Context
The Ninth Circuit Court of Appeals has held that a right-of-way for an access road over Bureau of Land Management (BLM) land to connect a wind project to a state highway did not trigger formal consultation under the Endangered Species Act because the proposed access road would not have significant impacts to the environment. Sierra Club v.
EIR Comments Should Improve The Environmental Review Process, Not Derail It
Supreme Court Invalidates EPA Pollution Standards
Court Defers to San Diego’s Approval of Bridge in Balboa Park
Don’t Bank On It: Court of Appeal Takes Issue with City’s Development Prohibition
“True Lease” Required for Lease-Leaseback Exemption from Public Bidding
In a decision that may imperil many pending school construction transactions, the Fifth District Court of Appeal has held that, to qualify for exemption from public bidding, a lease-leaseback transaction must include "a financing component" and a "genuine lease" that provides for school district use of the facilities during the lease term. Davis v. Fresno Unified School District, No.