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.
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.
New Title 24 Efficiency Standards Adopted
No Right to Appeal LEA's Certification of EIR for Solid Waste Facilities Permit to Board of Supervisors
In No Wetlands Landfill Expansion v. County of Marin the First District Court of Appeal held that community organizations had no right to have the county's board of supervisors hear an appeal of an EIR certification determination by the county's solid waste management agency. The decision addresses the interplay between the CEQA and the Integrated Waste Management Act.
Decision Exempting Modification of Judgment Imposing a Physical Solution to Water Rights Issues is Reinstated by California Supreme Court
Agreements Tolling CEQA Statute of Limitations Upheld
Agreements to toll the statute of limitations for filing suit are generally favored under the law because they enable parties to negotiate and resolve issues without the distraction of litigation. But in land use and CEQA cases, there are countervailing public policy reasons favoring prompt filing and disposition of such matters.
Future Baseline May be Used for CEQA Review of Long-Term Infrastructure Project
In Neighbors for Smart Rail v. Exposition Metro Line Construction Authority, the California Court of Appeal for the Second Appellate District ruled that in appropriate circumstances, projected future conditions may serve as an appropriate baseline for measuring a project's impacts under the California Environmental Quality Act.
Mobile Home Park Owners Not Constitutionally Entitled to Receive Market Rate Rent
Mobile home park owners were not entitled to raise rents to market rates under the terms of the city's rent control ordinance or the constitution, even though those rates may not be "excessive," according to the court in Besaro Mobile Home Park v. City of Fremont.
EPA Compliance Orders Are Subject to Judicial Review
Supreme Court Declines Review of CEQA Decision Upholding EIR’s Use of Existing Operations Baseline
In Citizens for East Shore Parks the court of appeal upheld use of existing "on the ground" conditions, including ongoing operations, as the baseline for CEQA review of long-term renewal of a State Lands Commission lease of property used for a marine terminal. On March 14, 2012 the California Supreme Court denied a petition for review of the court of appeal's decision.
Ninth Circuit Upholds Removal Of Endangered Species Act Protections for Gray Wolves
Over the course of a decade, the U.S.
An Unnecessary Statutory Duel
Granted or Denied -- It's Still a 90-Day Limitations Period
California Supreme Court Applies "Common Sense" to Plastic Bag Ban
The California Supreme Court has held that simple common sense -- "an important consideration at all levels of CEQA review" -- indicated that the City of Manhattan Beach and its retail sector were too small for the City's ban on plastic bags to cause any significant environmental impact or make any significant cumulative contribution to similar bans in other jurisdictions. Because c