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.

Requiring dedication of overflight easement as condition to issuance of building permits does not constitute an unconstitutional exaction
A recent California Court of Appeal decision considered the argument that a county requiring property owners to dedicate an overflight easement as a condition to issuance of a building permit was an unconstitutional exaction.

Challenge To Annexation Dismissed Due To Failure To Comply With Required Procedures
CEQA and other claims challenging a completed annexation were dismissed because they had not been brought in a reverse validation proceeding. Protect Agricultural Land v. Stanislaus County Local Agency Formation Commission (No. F066544, 1/28/14)

Spot Zoning For Senior Housing Project Upheld

CEQA Year In Review 2013
A Summary of Published Appellate Opinions Under CEQA By Steve Kostka, Barbara Schussman, Julie Jones, Marc Bruner & Christopher Tom

Existing Contamination On A Development Site Does Not Necessarily Trigger Preparation Of An EIR
Proposals to redevelop infill sites can often present difficult issues relating to how the potential effects of preexisting contamination should be evaluated under CEQA. In a recently published opinion, the court in Parker Shattuck Neighbors v Berkeley made it clear that, in the absence of real evidence a significant environmental impact might occur, the fact that a develop

County’s Application for State Funding Does Not Trigger CEQA
In December 2011, the Orange County Board of Supervisors passed a resolution authorizing the County to submit an application for $100 million in state funding to expand the James A. Musick Jail Facility to add over 500 beds. The City of Irvine, which sits adjacent to the jail, filed a lawsuit alleging that the County failed to comply with CEQA before submitting the application.

Criminal Penalties for Bird Deaths Caused by Wind Projects

High Hurdle for EIR Recirculation Claims Set by Appellate Court

Courts Have Discretion to Allow Agency Regulations Adopted in Violation of CEQA to Remain in Place Based on Their Environmental Benefits While Agency Takes Corrective Action

Comment Periods Open on New Fracking Regulations and Scope of Statewide EIR

Court Rejects Claim That New General Plan Housing Element Requires New EIR

Does An EIR Have To Be Certified By A City’s Decision-Making Body?

Ninth Circuit Rules that Plaintiffs Lack Standing to Compel State Agencies to Regulate Greenhouse Gas Emissions
Do environmental groups have standing to sue to force state agencies to regulate greenhouse gas emissions under the Clean Air Act? In a case decided on October 17, the Ninth Circuit said no. Washington Environmental Councilv.

California Supreme Court Makes It Easier To Challenge Local Affordable Housing Requirements
