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.
Ninth Circuit Upholds Fish & Wildlife Service Regulations Against Environmentalists' Challenge
The Chukchi Sea off the North Slope of Alaska is a promising place for oil and gas development. But it's also home to polar bears and walruses. This clash of interests led to a lawsuit by two environmental groups against the Fish & Wildlife Service, decided by the Ninth Circuit in the Service's – and industry's – favor.
Can a Developer Unilaterally Impose an Arbitration Clause on a Condo Homeowners Association?
Decision on use of Future CEQA Baseline to be Reviewed by the Supreme Court
No Harm, No Foul—Petitioners Claiming Procedural Errors Must Prove Prejudice
It's not enough that litigants challenging planning and zoning actions prove that the city or county committed a procedural error. They also have to show the error was prejudicial, that it led to substantial injury, and that if the error had not occurred, a different result would have been likely.
EIR Required for Oak Woodland Management Plan
ACLU Files Brief in Support of Building Industry Association
Ninth Circuit Upholds Analysis of Narrow Range of Alternatives in EIS
The Ninth Circuit Interprets “Agency Action” under the Endangered Species Act - Again
CBIA Heads Off Level III Fees
Level II school fees are intended to fund approximately 50% of the cost of school facilities. The other 50% is funded by the state through the Leroy-Greene School Facilities Act of 1998, commonly known as SB-50.
Charter Cities Are Exempt from Prevailing Wage Laws
Laws of charter cities trump state law when it comes to "municipal affairs;" but state law is supreme as to matters of "statewide concern." So is payment of prevailing wage for public works a municipal affair or a matter of statewide concern?
CEQA and EIR Adequacy: The Latest Words on Public Services Impacts and Adaptive Mitigation Programs
Two important, recurring CEQA questions are answered by a recent court of appeal decision in a case involving the EIR for a California State University campus master plan: whether CEQA requires funding of mitigation for a project's effects on public services; and whether an adaptive mitigation program for traffic and parking impacts improperly defers decisions about mitigation.
California Court of Appeal Upholds Statewide Climate Change Scoping Plan
New South Coast Air District Rules Withstand Manufacturer's Second CEQA Challenge
Island Annexations: Unanswered Questions