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California Land Use & Development Law Report

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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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January 18, 2023 CEQA

CEQA YEAR IN REVIEW -- 2022

A SUMMARY OF PUBLISHED APPELLATE OPINIONS UNDER THE 

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January 5, 2023 CEQA

Athletic Field Lighting Project Not Categorically Exempt from CEQA

The First District Court of Appeal overturned the City of San Francisco's decision that Saint Ignatius High School's project to install four permanent 90-foot-tall athletic field lights was exempt from CEQA. Saint Ignatius Neighborhood Association v. City and County of San Francisco, 85 Cal.App 5th (2022).

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December 29, 2022 CEQA Environmental and Land Use Litigation

Meritless CEQA Suit Warranted Malicious Prosecution Claim Against Attorney

 

The court of appeal held that an attorney's actions in filing and prosecuting a meritless challenge to construction of a single-family home supported a claim for malicious prosecution. Jenkins v. Brandt-Hawley, No A162852 (1st Dist., Dec 28, 2022).

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Real Estate and Housing Construction
June 22, 2022 California Coastal Act CEQA

CEQA Challenge to Campus Town Project in Monterey County Was Untimely

 

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January 18, 2022 CEQA

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.

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January 14, 2022 California Coastal Act CEQA

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).

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January 4, 2021 CEQA

CEQA YEAR IN REVIEW 2020

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

Despite relatively few published opinions this year, there were significant appellate court rulings on a range of topics, including whether projects are properly classified as discretionary or ministerial, the adequacy of mitigation, agencies' document retention obligations, the remedy for an in

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January 14, 2020 CEQA

CEQA YEAR IN REVIEW 2019

A SUMMARY OF PUBLISHED APPELLATE OPINIONS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

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January 10, 2019 CEQA

CEQA YEAR IN REVIEW -- 2018

A Summary of Published Appellate Opinions Under the California Environmental Quality Act The California Supreme Court issued its only CEQA opinion of 2018 at the end of the year.

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January 5, 2018 CEQA

CEQA YEAR IN REVIEW 2017

A Summary of Published Appellate Opinions Under the California Environmental Quality Act In 2017, the California Supreme Court issued two decisions involving highly controversial questions of first impression.  In the closely-watched Cleveland National Forest Foundation case, the court reversed the court of appeal's ruling that the EIR for SANDAG's region

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January 5, 2017 CEQA

CEQA YEAR IN REVIEW 2016

A Summary Of Published Appellate Opinions Under The California Environmental Quality Act

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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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February 9, 2015 CEQA

CEQA Year in Review 2014

A Summary of Published Appellate Opinions Under CEQA

 By Stephen Kostka, Julie Jones, Barbara Schussman, Alan Murphy,  Ned Washburn, Laura Zagar, Kathryn Bilder, Christopher Chou and Marie Cooper

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January 15, 2014 CEQA

CEQA Year In Review 2013

A Summary of Published Appellate Opinions Under CEQA By Steve Kostka, Barbara Schussman, Julie Jones, Marc Bruner & Christopher Tom

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January 2, 2013 CEQA

CEQA Year in Review 2012 -- A Summary of Published Appellate Opinions Relating to CEQA

Introduction While CEQA reform became a hot topic for a few days near the end of the 2012 legislative session -- but then foundered -- the appellate courts continued to issue CEQA decisions at a rapid clip.  As is common in a challenging economy, the courts were generally less receptive to CEQA claims than they are in boom times.

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