On January 30, 2024, the San Diego City Council approved an ordinance implementing Mayor Todd Gloria’s proposal to establish an extensive project labor agreement (“PLA”), which is slated to impose various conditions and restrictions on most City-funded construction projects. Most
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California Climate Change Legislation, Policy and Regulation – 2023 in Review
As we enter 2024, we once again review the most significant legislation, policy changes and regulatory actions with respect to climate change taken by California in the past year. In contrast to 2022, which brought a revamp of California’s timeline…
Proposition 65: 2023 in Review
2023 was a busy year for Prop 65 with the highest number of Notices of Violation since its inception. The California law requires consumers receive warnings regarding the presence of chemicals that cause cancer or reproductive toxicity. Prop 65 applies…
2023 Year-in-Review CEQA Litigation
Despite repeated attempts at reform by the Legislature, the California Environmental Quality Act (CEQA) continues to be a minefield for those assigned with the herculean task of complying with the law’s myriad of directives. Add to the already inherent complexity…
Conditional Approval is Project Approval: Appellate Court Confirms CEQA Statute of Limitations Triggered by Tentative Map Approval Conditioned on Subsequent Rezoning
Following California Supreme Court and its own case law precedent, the Second District, Division Five, has ruled in Guerrero et al. v. City of Los Angeles (Jan. 17, 2024) (Guerrero), certified for publication, that a CEQA challenge to approval of…
Good, Better, BESS: How to Build Your Energy Storage Systems
Battery energy storage systems (“BESS”) are increasingly critical to meeting ambitious global, national and local clean energy and climate goals. But BESS development faces numerous hurdles.…
U.S. Supreme Court Declines to Consider Appeal of Ninth Circuit Ruling that Sober Living Homes Do Not Have to Prove Each Resident Is Disabled to Survive Summary Judgment in Challenge to Allegedly Discriminatory Zoning Laws
Near the end of 2023, the United States Supreme Court declined to consider the City of Costa Mesa’s appeal of a January Ninth Circuit ruling in SoCal Recovery, LLC v. City of Costa Mesa (2023) 56 F.4th 802. The…
CEQA 2023 Legislative Update
The 2023 legislative cycle saw another mixed-bag of legislation dealing with CEQA “reform,” with a particular focus on streamlining affordable housing development.[1] While many bills died during the process, a few key laws were passed or extended over the…
Mixed-Income Market Initiative: NYC’s Attempt to Spur Affordable Housing Development
It is no secret that New York City continues to face an affordable housing crisis. Many experts believe this boils down to a supply problem, yet others remain skeptical. However, a recent Furman Center publication addressed supply skepticism head on,…
A Landlord’s Guide to Assistive Animals
Pamela Westhoff and Meigan Everett’s article “A Landlord’s Guide to Assistive Animals” was recently featured in the Daily Journal. The article broaches the topic of pets in the workplace, including: the difference between service animals and emotional support animals (in the…