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 Challenge Affordable Housing Condition Barred Subsequent Claim of Invalidity of Enabling Ordinance under Costa-Hawkins Act
California Department of Fish and Wildlife's EIR for Fish-Stocking and Hatchery Program Upheld
A court of appeal has held that the first-ever environmental impact report for the state's fish hatchery and stocking programs complies with CEQA, but also found that three of the EIR's mitigation measures constituted "underground regulations" in violation of the Administrative Procedure Act. Center for Biological Diversity v.
Second District Court of Appeal Invalidates Approval of Elder Care Facility, Citing Lack of Evidence to Support Zoning Determination
Court of Appeal Sinks Challenge to TMDL for Lake Bed Sediment
A Court of Appeal has upheld the Regional Board's adoption of the total maximum daily load (TMDL) for concentration of pollutants in the sediment in McGrath Lake, rejecting the claim that TMDLs may not be stated in terms of concentrations of pollutants in lake bed sediments.
Appellate Court Reaffirms Broad Discretion of Trial Courts to Determine Appropriate Attorneys’ Fees
California Supreme Court Grants Review of Decision Invalidating SANDAG Regional Transportation Plan
The California Supreme Court has agreed to review the appellate court decision Cleveland National Forest Foundation v.
Council Member Barred From Considering Own Appeal
California Supreme Court Upholds Most Commonly Used CEQA Categorical Exemptions
The California Supreme Court has issued its long-awaited decision in Berkeley Hillside Preservation v. City of Berkeley, No. S201116 (March 2, 2015). The Court's decision clears up some of the ambiguity that has surrounded the standard of review for challenges to CEQA exemptions under the unusual circumstances exception.
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
25th Annual Briefing on Land Use and Development Law -- Materials Available
U.S. Supreme Court Tells Cities to Explain a Cell Tower Denial in Timely Fashion, Even if in a Separate Document
California Supreme Court Poised To Decide Key CEQA Questions: The Court’s Lineup For 2015
Federal Court Invalidates San Francisco Tenant Relocation Requirements
The Northern District of California has struck down part of San Francisco's rent control ordinance as an unconstitutional taking under the Fifth Amendment in Levin v.
Conservation Easements Not Required As Mitigation For Permanent Loss Of Farmland
Court Blocks Opponents’ Shot at Halting New Kings Arena
The court of appeal recently upheld legislation modifying several deadlines for CEQA review of a project that includes a proposed new arena for the Sacramento Kings, rejecting a claim the statute violates separation of powers. Saltonstall v. City of Sacramento, No. C077031 (3d Dist., Nov. 20, 2014).