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.
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.
California Supreme Court Broadly Construes Municipal Power to Enact Affordable Housing Measures
Controversial Clean Water Act Rule Published
- The rule explains the agencies' jurisdiction with respect to "tributaries" and "adjacent" waters and comes amidst considerable debate over where to draw the lines of federal permit
Fish and Wildlife Service Launches Regulatory Initiative on Migratory Bird Incidental Take
- The Migratory Bird Treaty Act is strict liability criminal law, and it has been the subject of several recent high-profile enforcement actions against energy project developers.
Vesting Rights Restrictions of Subdivision Map Act Do Not Bind Water District
Court Rejects Another Attempt to Stop New Kings Arena