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.
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