Statute
CEQA
1,312 published works
CEQA Developments
Supreme Court Case Involving CEQA’s “Unusual Circumstances” Exception to Categorical Exemptions Now Fully Briefed by Parties; Amicus Briefs Are Up Next in Berkeley Hillside Preservation Matter
The Respondent City of Berkeley and Real Parties (Kapors) filed their joint Reply Brief on the Merits in the California Supreme Court in a much-watched categorical exemption case, Berkeley Hillside…
California Land Use & Development Law Report
An Attorney Petitioner in a CEQA Suit Can Be Awarded Attorneys’ Fees
By Julie Jones
In a case of first impression, a court of appeal has held that an attorney can be a named petitioner in a CEQA case, litigate the case on behalf of…
Environmental and Climate
Put on Your Dancing Shoes – Restaurant & Nightclub to Open Soon in Manhattan Beach
In Coastal Defender v. City of Manhattan Beach (Dec. 6, 2012) 2012 Cal. App. Unpub. LEXIS 8919, the Second District Court of Appeal issued an unpublished decision upholding the trial…
CEQA Developments
CEQA Standing Reform: Could Statutory Standing Requirements Feasibly Be Tightened To Bar Anti-Competitive Lawsuits Motivated By Economic Rather Than Environmental Concerns?
Meaningful CEQA reform is a topic much discussed by politicians and stakeholders, but its realization remains elusive. For example, in-fill exemptions are fettered with multitudes of complex and convoluted conditions…
Administrative and Regulatory
EIR’s Skewed Description of Project Objectives Results in Inadequate Analysis of Alternatives
In Habitat and Watershed Caretakers v. City of Santa Cruz (2012) Cal.App. LEXIS 1213, the Sixth District Court of Appeal reversed a trial court decision and ordered that certification of…
Land Use Law Blog
First Link In High Speed Rail Project Clears Preliminary Injunction Hurdle In CEQA Litigation.
By Glen Hansen On June 1, 2012, the County of Madera, the Madera County and Merced County Farm Bureaus, Chowchilla Water District, and other individuals and entities (collectively, “Petitioners”) sued…
California Land Use & Development Law Report
U.C. Santa Cruz Expansion Plan EIR Overturned
In Habitat and Watershed Caretakers v. City of Santa Cruz, the court of appeal set aside the EIR for long-term development of the U.C. Santa Cruz campus. The city and…
Land Use Law Blog
Multiple Harmless Errors Do Not Require Project Approvals Be Overturned Unless Prejudice Is Shown
By Katherine J. Hart In Rialto Citizens for Responsible Growth v. City of Rialto (2012) 208 Cal.App.4th 899 (Rialto Citizens), the City of Rialto (City) and Walmart appealed a trial…
California Land Use & Development Law Report
90-Day Limitations Period Under Government Code § 65009 Applies to Zoning Administrator Decisions.
Round two of a citizen group’s challenge to approval of a WalMart ended with a decisive knock-out by the City of Stockton. The appellate court ruled that the petitioners’ planning…
Environmental and Climate
Appellate Court Holds Association’s CEQA Claims Regarding Klamath River Compromise Agreements are Time-Barred
In Siskiyou County Water Users Association v. Natural Resources Agency (2012) 2012 Cal. App. Unpub. LEXIS 7073, the Siskiyou County Water Users Association (Association) challenged a pair of compromise agreements…