Statute
CEQA
1,312 published works
California Land Use & Development Law Report
Can a Premature Notice of Exemption Trigger CEQA’s Short Limitations Period?
CEQA provides an extraordinarily brief period for bringing suit if a public agency files the proper notice with the county clerk – 30 days for project approvals based on a…
CEQA Developments
CEQA’s Unusual Circumstances Exception To Small Structures Categorical Exemption Is Applied By Third District To Water Supply MOU With Indian Tribe
As the regulated community eagerly awaits completion of briefing at the Supreme Court in the Berkeley Hillside Preservation case, the Courts of Appeal continue to decide CEQA categorical exemption cases…
California Land Use & Development Law Report
No Exception to the Exemption — Installation of Small Wireless Telecom Equipment on Existing Utility Poles Throughout City is Exempt from CEQA
After obtaining the necessary permit, T-Mobile installed wireless equipment on an existing utility pole in a residential neighborhood in San Francisco. The installation was part of a larger project to…
Land Use Law Blog
Class 3 CEQA Exemption: Unusual Circumstances Exception Becoming Less Unusual?
By Katherine J. Hart In Voices for Rural Living v. El Dorado Irrigation District, the Court of Appeal, Third Appellate District, affirmed the trial court’s determinations that (1) the small…
Land Use Law Blog
2012 CEQA 3rd QUARTER REVIEW
By William W. Abbott, Diane Kindermann, Elizabeth Strahlstrom, Katherine J. Hart and Glen Hansen We are pleased to present our cumulative Third Quarter CEQA Review for 2012. The newest decisions…
Land Use Law Blog
Appellate Court Re-grades EIR Exam and Gives L.A.U.S.D. High Marks; Assigns More Homework to Address Pedestrian Safety for High School Project.
By William W. Abbott City of Maywood v. Los Angeles Unified School District (2012) 208 Cal.App.4th 362. Los Angeles Unified School District ("LAUSD") proposed construction of a new high school in…
CEQA Developments
Timing Is Everything: CEQA Notice of Exemption Must Be Both Facially Valid And Properly Filed To Trigger Short Limitations Period
In a partially published opinion filed September 14, 2012, the Fifth District Court of Appeal revived a CEQA lawsuit the trial court had dismissed as time-barred on demurrer because it was…
CEQA Developments
First District Holds CEQA’s Class 3 Categorical Exemption Applies To Installations of Small Telecommunications Equipment On Existing Utility Poles, Recognizes Split In Case Law On Standard of Review For Cumulative Impact Exception
The same appellate panel that decided the controversial Berkeley Hillside Preservation case (which is currently in the briefing stage of Supreme Court review) rendered another significant categorical exemption decision in…
Land Use Law Blog
Lead Agency Correctly Applied CEQA Categorical Exemption To Permits For Wireless Equipment To Be Added To Existing Utility Poles
Appellate court upholds Cat 3 CEQA exemption for multiple wireless installations on existing utility poles.
CEQA Developments
Are Courts Actively Limiting CEQA’s Scope In The Absence of Meaningful Legislative Reform?
Governor Jerry Brown was recently quoted in a Capitol Alert piece as calling legislative reform of CEQA “the Lord’s work” – hopefully he didn’t mean the quest for the Holy…