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CEQA
1,308 published works
CEQA Developments
Recent Legislation Brings Incremental CEQA Reform
On September 7, 2023, Governor Newsom signed into law AB 1307, urgency legislation which took effect immediately and added to the Public Resources Code a new Section 21085, which reads:…
California Land Use & Development Law Report
Court Approves EIR’s Climate Change Analysis for Community Master Plan
By Julie Jones
The Third District Court of Appeal has held that Sacramento County’s environmental impact report for a master planned community complied with CEQA’s requirements for analysis of greenhouse gas emissions. Tsakopoulos…
Real Estate, Land Use & Environmental Law Blog
Second District Addresses CEQA’s Class 32 Infill Exemption Criteria
By Lauren Chang, Matt Kohanbash
In it’s recent decision in United Neighborhoods for Los Angeles v. City of Los Angeles (2023) ___ Cal.App.5th ___, the Second District Court of Appeal affirmed a judgment voiding the…
CEQA Developments
Second District Reverses Preliminary Injunction, Holds CEQA Cannot Trump Santa Barbara County’s Authority To Remove Unpermitted Encroachments Placed In Public Right-Of-Way By Adjacent Landowners
“I fought the law and the law won” – The Crickets In an opinion filed July 19, and later ordered published on August 16, 2023, the Second District Court of…
Real Estate & Construction
Alleged Non-Compliance With CEQA is “Not a Defense to the Commission of a Crime” – Court of Appeal Upholds County’s Authority to Enforce Encroachment Laws
By Samuel D. Bacal-Graves, Christopher M. Marelich, Kathryn L. Oehlschlager
In Anderson v. County of Santa Barbara (2023) 94 Cal.App.5th 554 (Anderson), the Fourth District Court of Appeal reversed the trial court’s grant of a preliminary injunction that barred Santa…
Environmental and Climate
Standard of Review Surprise: Fair Argument Applies Despite Prior Program EIR According to Fourth District
By Samuel D. Bacal-Graves, Amy R. Higuera, Sarah Nagle
On June 23rd, the Fourth District published Save Our Access v. City of San Diego (2023) 92 Cal.App.5th 819, holding that a city’s approval of a ballot measure to remove…
CEQA Developments
Third District Declines To Reach CEQA Exemption Claim In Reversing On Other Grounds Judgment Upholding State Department of Public Health’s Approval of Santa Cruz County Needle Exchange Program But Notes New Statutory CEQA Exemption Now Exists
In a published opinion filed August 14, 2023, the Third District Court of Appeal reversed a judgment that denied a petition for writ of mandate challenging the State Department of…
CEQA Developments
CEQA Writ Simple: Fourth District Holds Trial Court Erred In Retaining Continuing Jurisdiction And Not Discharging Peremptory Writ That Ordered Only Set Aside Remedy Where Lead Agency’s Return Demonstrated Full Compliance
In an opinion filed July 19, and ordered published on August 9, 2023, the Fourth District Court of Appeal (Div. 1) reversed a trial court order denying the City of…
California Land Use & Development Law Report
Trial Court Cannot Retain Jurisdiction if Terms of Peremptory Writ of Mandate are Fully Satisfied
By Taylor Jones
The trial court improperly retained jurisdiction of a CEQA challenge after the City of San Diego filed a return to the peremptory writ of mandate confirming that it had rescinded…
CEQA Developments
Fourth District Belatedly Publishes CEQA Opinion Upholding City of Newport Beach’s Approval of Multifamily-Housing Development Pursuant To Addendum To 2006 EIR For Larger Mixed-Use Development
By Matthew C. Henderson, Arthur F. Coon
On July 7, 2023, following a request for publication made on behalf of the California Building Industry Association, the Building Industry Association of the Bay Area, and the California Business…