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.

Speak Now or Forever Hold Your Peace — Issue Exhaustion Applies to CEQA Exemptions.

The Wetlands Debate Intensifies As House Republicans Question Two Upcoming EPA Studies

To Consult or Not To Consult – That Is the Question for the Ninth Circuit
The Ninth Circuit is at center stage again in the debate over the interpretation and enforcement of federal environmental laws.

Do Effects on the Adequacy of Public Services Have to be Mitigated Under CEQA?
No, at least according to a recent court of appeal decision in a case brought by the City of Hayward to challenge the EIR for the California State University East Bay campus master development plan.

Court Invalidates San Jose Affordable Housing Ordinance
The California Building Industry Association scored a major victory recently when a San Jose judge threw out the city's requirement that residential developers sell or rent a specified portion of newly-built homes to lower-income households.

The 2012 Edition Curtin's California Land Use and Planning Law Available Soon!


Supreme Court to Decide Scope of Categorical Exemptions from CEQA

Coastal Commission Steps Over the Line By Imposing Local Coastal Plan Amendment
In a jurisdictional dispute pitting the City of Malibu against a state conservancy and the California Coastal Commission, the court of appeal ruled the Commission lacked authority to disregard the city's objections to an amendment to its Local Coastal Program. While the Commission has the power to override a local agency's objections to LCP amendments requested by public a

When Is Wetland a Wetland - And How Do We Find Out?
In recent years, two United States Supreme Court decisions have significantly reduced the scope of federal wetlands jurisdiction under the Clean Water Act. Solid Waste Age

How Far Will USFWS Expand Incentives for Voluntary Conservation Actions Under the Endangered Species Act?
The U.S.

Are We Ever Getting a Redevelopment Clean-Up Bill?
Almost a year later, municipalities are still waiting.

Sequential Lot Line Adjustments Get The Green Light.
Lot line adjustments offer a streamlined alternative to the complex process of subdividing land. However, lot line adjustments have historically been limited to four or fewer adjoining parcels. In a decision that may significantly expand use of lot line adjustments, the court of appeal in

State University's Duty to Mitigate Transportation Impacts to be Considered by Supreme Court
In City of San Diego v Board of Trustees of the California State University, the court of appeal overturned the EIR for the San Diego State University campus expansion plan, ruling that it did not adequately address transportation impacts and mitigation measures for those impacts. In a decision issued on December 13, the court rejected the university's finding that&nbs

Appendix G of CEQA Guidelines Cannot Require Analysis of Effects of Environment on Project

Redevelopment Assets Ordered Returned by State Controller
Last year's bill eliminating redevelopment agencies, AB x1-26, has created massive headaches for successor agencies as they attempt to unwind years of complex financial transactions.