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CEQA
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Land Use Law Blog
Please join Diane Kindermann and her co-panelists on September 14, 2012, for a CEQA for LAFCO program
Instructors: Diane Kindermann, Bruce Baracco, Bob Klousner, Amanda Olekszulin, and Terry Rivasplata The program is designed to give LAFCO, city and special district staff the ability to prepare, initiate, administer,…
California Land Use & Development Law Report
No Harm, No Foul—Petitioners Claiming Procedural Errors Must Prove Prejudice
It's not enough that litigants challenging planning and zoning actions prove that the city or county committed a procedural error. They also have to show the error was prejudicial, that…
California Land Use & Development Law Report
Decision on use of Future CEQA Baseline to be Reviewed by the Supreme Court
The California Supreme Court has decided to review the court of appeal decision in the Los Angeles Metro Line EIR case, the widely publicized decision in which the court of appeal upheld an…
Administrative and Regulatory
Neighbors for Smart Rail is En Route to the Supreme Court
On August 8, 2012, the California Supreme Court unanimously granted review of Neighbors for Smart Rail v. Exposition Metro Line Construction Authority ((2012) 205 Cal. App. 4th 552). (See our…
Real Estate, Land Use & Environmental Law Blog
Appeals Court Reaffirms That Non-Prejudicial Planning And Zoning Code And CEQA Errors Cannot Serve As Basis For Overturning City Approval
Rialto Citizens for Responsible Growth v. City of Rialto ___ Cal.App. ___ (July 31, 2012, No. E052253) By Phillip Tate On July 31, 2012, the California Court of Appeal for…
Administrative and Regulatory
Appellate Court Does Not Review City’s Nonpecuniary Interests to Determine If City Qualifies for Attorney Fees, But Rather Bases Award of Fees on Number of Issues Won
In City of Maywood v. Los Angeles Unified School District (2012) __ Cal.App.4th __ (Case No. B233739), the City of Maywood (City) filed a petition for writ of mandate to…
California Land Use & Development Law Report
EIR Required for Oak Woodland Management Plan
By Julie Jones
Public agencies generally prefer not to prepare EIRs – at least for their own plans and projects – unless they have to. And CEQA attempts to avoid redundancy by encouraging…
Administrative and Regulatory
Appellate Court Upholds City’s Approval of Large Commercial Project Even with Unknown Impacts on Greenhouse Gas Emissions, Deferred Mitigation, and Rejected Alternative
UPDATE: On August 27, 2012, the Fourth Appellate District Court certified Rialto Citizens for Responsible Growth v. City of Rialto (2012) 2012 Cal. App. LEXIS 849 for full publication. In…
CEQA Developments
Does CEQA Provide For Classes of Exempt Projects? Parties File Opening Merits Brief in Supreme Court in Berkeley Hillside Preservation
Following up on previous posts (see February and May archives), the City of Berkeley Respondents and the Kapors (Real Parties in Interest) filed their joint 80-page opening brief on the…
Administrative and Regulatory
Court Awards Attorneys’ Fees to Co-Counsel Who was Also a Named Party in CEQA Litigation
In Healdsburg Citizens for Sustainable Solutions v. City of Healdsburg (2012) 206 Cal.App.4th 988, certified for partial publication, the First District Court of Appeal affirmed an award of attorneys’ fees…