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CEQA Developments
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CEQA Developments
CEQA Doesn’t Require The Killing of Mice With Missiles: Non-Prejudicial Notice Errors Do Not Require Project Set-Aside
CEQA’s information disclosure provisions are so integral to its statutory scheme that conventional harmless error analysis does not apply. It is the rare violation of CEQA that will not be…
CEQA Developments
Supreme Court Reaffirms Corporate CEQA Standing
Can a corporation challenge a business competitor’s or other entity’s project under CEQA when its real interests are commercial rather than environmental? In its recent decision upholding the City of…
CEQA Developments
New Law Requires CEQA Lead Agencies to Identify Real Parties in Notices
As I pointed out on September 13, 2011 (“Ten CEQA Litigation Mistakes To Avoid”), a CEQA plaintiff must not forget to name all real parties in interest since a failure…
CEQA Developments
CEQA Mitigation On Conservation Easement Lands: How a Plea to Legislators Killed a Threat to Farmers’ Property Rights (For Now)
Shortly before the close of the last legislative session, I found myself writing a strongly-worded letter (on behalf of myself and interested clients of Miller Starr Regalia) to Governor Brown,…
CEQA Developments
Governor Signs AB 900 to Speed CEQA Litigation Challenging Massive “Green” Projects
What originated as legislation to expedite anticipated CEQA challenges to the proposed Farmers Field football stadium project in Los Angeles (SB 292) transformed under Senator Darrell Steinberg’s political leadership into…
CEQA Developments
CEQA Sanctions Statute: Effective Deterrent To Abuse?
Everyone seems to talk about abuses of the CEQA process and meaningful CEQA reform, but nothing ever seems to get done, much to the chagrin of developers who find themselves…
CEQA Developments
Ten CEQA Litigation Mistakes To Avoid
Vernon Law, famed Pittsburgh Pirates pitcher, once said: “Experience is a hard teacher because she gives the test first, the lesson afterward.” The same rings true regarding CEQA litigation, where…