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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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July 24, 2014

California Adopts Emergency Water Curtailment Regulations

It is now clear that the present drought requires that there be curtailment of the exercise of some existing water rights due to the lack of sufficient surface water.  On January 17, 2014—the same day as the Governor's Proclamation of a drought state of emergency—the State Water Resources Control Board issued a "Notice of Surface Water Shortage and Potential of Curtailment of Wat

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July 21, 2014

State Water Resources Control Board May Weigh the Use of Water for Public Purposes Against Commercial Use by Riparian Users and Early Appropriators in Determining Reasonableness of Commercial Use

A court of appeal, for the first time, has upheld the  State Water Resources Control Board's authority to restrict valid pre-1914 and riparian water rights on the ground that their exercise has become an unreasonable use of water under current circumstances.

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July 18, 2014

Renewal of Interim Contracts For Delivery of Central Valley Project Water to Districts an Ongoing Project Exempt from CEQA

In February 2012, the Westlands Water District and related water distribution districts entered into two-year interim renewal contracts with the U.S.

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July 14, 2014

Categorical Exemptions Under CEQA -- California Supreme Court Grants Review of Another Case Involving the Unusual Circumstances Exception

In a recent case decided by the Third District Court of Appeal the court upheld the use of a CEQA exemption for a proposed rodeo at a county fairground despite claims it would pollute  a nearby creek.   Citizens for Environmental Responsibility v. State of California ex rel. - 14th Dist.

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July 10, 2014

Lack of Prejudice Barred Relief Despite Defective Hearing Notice

An opponent of a Wal-Mart project was thwarted in his attempts to use an admittedly defective hearing notice as a basis for overturning project approvals.  The court ruled that his claims were defeated by his failure to present evidence of prejudice and by a prior appellate decision.  Roberson v. City of Rialto, No. E058187 (4th Dist.

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May 23, 2014

Santa Cruz Becomes First County to Ban Fracking

Santa Cruz County has become the first California county to permanently ban the controversial oil and gas drilling technique known as fracking. By a 5-0 vote, the Board of Supervisors this week amended its General Plan to prohibit all facilities for oil and gas exploration and development within the unincorporated County.

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May 22, 2014

Categorical Exemptions Under CEQA -- The Latest on the Unusual Circumstances Exception

Finally, a CEQA case about rodeos.

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May 19, 2014

Conditions of Approval: "No Do-Overs" On A Condition The Landowner Failed To Challenge When First Imposed.

A landowner's attack on a condition of approval of a development permit was barred by the landowner's failure to contest the same condition when it was imposed on an earlier permit, according to a recent court of appeal decision.  Bowman v California Coastal Commission, B243015 (2d Dist 2014). 

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May 7, 2014

National Climate Assessment Report Released

On May 6, 2014, the Government released its U.S. View blog post
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May 5, 2014

Department of Water Resources Must File Condemnation Case Before Undertaking Geological and Environmental Testing on Private Property

In Property Reserve, Inc. v. Super. Ct.

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April 17, 2014

Greenhouse Gas and Climate Change Impacts: CEQA Practice Tips

The analysis of climate change impacts under CEQA has rapidly evolved over the last several years. For this reason and others, nearly every challenge to an environmental impact report today features an attack on the EIR's analysis of greenhouse gas emissions.

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April 14, 2014

Perkins Coie Housing Summit: 30,000 Homes by 2020.

On Tuesday April 9, Perkins Coie hosted "Housing Summit: 30,000 Homes by 2020," the Mayor's housing plan to build more housing and to make San Francisco housing affordable.  The Housing Summit was held at International Hotel Senior Housing Project, an important symbol of the City's historic housing struggles and a reminder of how affordable housing can be built.

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April 13, 2014

Court Dismisses NEPA Claims in Transit Project Challenge

The Ninth Circuit has dismissed a NEPA challenge to the approval of the Honolulu Rail Transit Project, rejecting claims that agencies unreasonably restricted the Project's purpose and need and failed to consider all reasonable alternatives.  HonoluluTraffic.com v. FTA, No. View blog post
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April 13, 2014

EPA and Army Corps of Engineers Release Proposed Rule on the Scope of Waters Covered Under the Clean Water Act

On March 25, 2014, the U.S. View blog post
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April 13, 2014

Highway 101 EIR Felled by Redwoods

Caltrans's analysis of impacts to redwoods from  realignment of a one-mile stretch of Highway 101 has been rejected. View blog post
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